Attention International Students: Know your Working Rights!

International students working rights

Source: Wikipedia

As an international student, your visa may allow you to work in Australia.
Many Indian students who arrive in Australia take up part-time or casual work to pay for their living expenses while studying here. However, before you start working in Australia, it is important you know your rights, responsibilities, entitlements and protections in the workplace.
Understand your working rights thoroughly.

Based on the type of student visa you have, your working rights have been clearly stated while issuing you a visa. It’s a good idea to thoroughly understand and comprehend your working rights before looking/starting work. Violating your visa conditions could prove detrimental to your student visa. If you are not sure, check with the Department of Immigration and Border.

Know the difference between full-time work, part-time work and casual work.

Full-time employees generally work 38 hours per week, and receive pay for a full week’s work as well as conditions like paid annual leave and sick leave. Part-time employees work regular hours each week, but less than the 38 hours of full-time employees. You generally receive the same benefits as full-time workers, but they are calculated on the basis of the hours you work. Casual employees work on an hourly or daily basis and are less likely to have regular or guaranteed hours of work. Casual employees do not get paid sick leave or annual leave, but the rates of pay are usually higher to make up for this.

You maybe entitled for a higher pay if you work early-mornings, late-nights or weekends

If you choose to work at offices, cafes, restaurants, convenience stores or gas stations on weekends or public holidays, you may be entitled for penalty-rates. Check with your employer about ‘penalty rates’ before signing up for the job. Click for more details.

It’s illegal to accept your salary ‘cash-in-hand’

Your employer may choose to pay you using cash, cheque, money or postal order, or through electronic funds transfer into your bank account. It is acceptable for your employer to pay you in cash as long as tax has been taken from your earnings and sent to the Australian Taxation Office (ATO). You should check your pay slip each time you are paid to make sure this is being done.

‘Cash in hand’ is a term used to describe cash payments where tax has not been taken out – this is against the law.

Unpaid work is a big No-No

Certain practises are not ok.

Like unpaid work trials for any period beyond what’s reasonably required for you to demonstrate the skills required for the job. What’s reasonable will vary depending on the nature and complexity of the job, but could range from an hour to one shift.

You should also be paid for meetings or training and the time you spend opening and closing the business.

Also please note that you should receive a pay slip within one day of being paid.
There are a number of other general workplace protections that all employees have. For more information please see the Fair Work Ombudsman website - https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/international-students

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Published 1 March 2016 11:42am
Updated 19 April 2016 11:30am
By Mosiqi Acharya
Source: Fairwork Ombudsman


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