A measure of the relative degree of wrongdoing on either side of the contractual relationship between an employer and a non-national employee in such cases can be seen in the subsection which specifies the punishments. The lesser offence is that of the employee but it is an offence nonetheless. The employer's offence can be prosecuted as a summary offence, or in the Circuit Court on indictment. If prosecuted on indictment, an employer may be fined up to €250,000 and may face a prison sentence of up to ten years. Subsection (4) places an onus on employers, before they employ a non-national, to carry out a reasonably thorough check to satisfy themselves that the prospective employee does not require an employment permit, or that an employment permit has been obtained if it is needed.