Before you accept an offer of employment as a migrant, do a few checks on your employer. Making sure your employer abides by the law is important. It keeps you free from exploitation, and enables you to live worry-free.
Employers in Australia are required to provide minimum workplace standards. These standards apply across the nation. They address all of the following (and more besides):
- minimum hours
- working conditions
- what sort of leave you can take – and how much of it
- safety levels of the workplace
- discrimination laws
- and much more.
A good example is the threat of deportation. Your employer cannot deport you, or have you deported. If you are threatened like this, there are places like Fairwork Australia that can help.
Employers of migrants in Australia have certain obligations
We hear a lot about ‘illegal workers’ or ‘illegal migrants’ in the media. A lesser-known issue is that of employers’ responsibilities to all employees. Some of these we have written about before.
A really important one is that an employer must check that you are able to work here. This makes sure that both you and they are doing the right thing.
There are a host of other responsibilities they have, as well. The responsibilities depend on whether you are sponsored or not. However, the scope of employer responsibility is quite large.
Some of these include:
- that no employer can cancel a visa. (Only the Department of Immigration and Border Protection can do that.)
- the need to provide equal pay and conditions
- that they can only employ you in your skilled occupation – and not use you for anything else
- confirmation that you work only for them (and not someone else)
- a need to pay you properly – and not in cash.
- the obligation to return the cost of your airfare if you or the Department request it
- that they can’t make deductions other than tax from your pay, unless you agree.
Some of these may not apply to your type of visa, so it is well to check what your entitlements are. The basic conditions and freedom from discrimination are basic rights for everyone in Australia.
Be kind to yourself and make sure that your migration story is a positive one. We can help you to check that your employer is doing the right thing – because it’s hard on your own. Contact us today, and make doubly sure that your employer is doing the right thing.
