Many international students chose to work when they come to study in the ACT. It is important to be aware of your rights and responsibilities when working in Australia.
What are my rights as a visa worker?
If you’re working on a visa, you have all the same rights as domestic workers, but you may have limits on how much work or the types of work you can do. You can find out what your rights and entitlements are by checking the award or agreement that applies to your industry or workplace. These are legal documents that set out exactly how much you should be paid, your leave, superannuation and more. If you need help finding or understanding these documents, contact the Young Workers Advice Service.
Here are some of the rights everyone has at work:
You should be paid at least the minimum wage
You should be paid for all the hours you work (including meetings and training)
Your employer must provide you with a detailed payslip within one day of paying you
You have the right to a safe and healthy workplace
You have the right to be free from bullying, harassment and discrimination at work
You have the right to join a union and assert your rights
What should I look out for from my employer?
Cash-in-hand jobs
Cash-in-hand jobs are illegal. Employers can use cash-in-hand payment as a method to underpay you or to deny you your rights and entitlements. For example, if you’re getting paid cash-in-hand and don't receive a payslip or superannuation, then it’s likely you’re also not on your employers' records as an employee and won’t compensated if you get injured or sick at work.
Cash-back schemes
There is no circumstance where an employer should be asking you to pay back some of your wages in cash. This illegal practice is often used by dishonest employers so that their electronic records show that you are being paid correctly while they steal your wages in cash. Contact the Young Workers Advice Service immediately if your employer asks you to give them money for any reason.
Forced visa breaches
Dishonest employers may ask you to work hours which breach your visa conditions. If you are asked to breach your visa restrictions, you should contact the Young Workers Advice Service. If an employer threatens you or attempts to use the fact that you have not complied with your visa conditions, to coerce you into accepting their poor working conditions you should immediately seek help. It’s important to know that your employer cannot cancel your visa.
There is also a Visa Assurance Protocol in place to protect you. Home affairs will not cancel your visa if you have breached your work-related visa conditions because of workplace exploitation as long as :
You have sought advice or support from home affairs and you're helping with their inquiries
There is no other reason to cancel your visa
You have committed to following your visa conditions in the future.
If you are being threatened in any way by your employer, it is important you come forward and report them. If you’re in doubt about whether an employer's request is a visa breach, the Young Workers Advice Service can provide confidential advice.
What can you do to protect yourself at work?
Make sure you’re informed about your rights before you start work so that you can recognise when your employer is doing the wrong thing. You can read lots of information about your pay, superannuation, work health and safety and more in the other fact sheets on this website.
Joining a union when you start work is a good way to protect yourself from illegal activity. Everyone has the right to join a union, regardless of your visa status. Unions are a collective of workers, standing together to support each other through issues at work and helping to improve your pay and conditions. Find out how to join your union at UnionsACT.
Visa Assist is a free, confidential service to help visa holders. Contact you union for more information.
If you are currently experiencing an issue at work, you can contact us at the Young Workers Advice Service for help. Email us at youngworkerscbr@unionsact.org.au.