Your rights to work on a visa

All workers in Australia get the same basic pay and rights, no matter what visa you are on.

I’m on a temporary visa. Can I work?

Your visa tells you whether you have permission to work in Australia.

To work lawfully, your valid visa must contain a condition that says you can work. Some visas, like student visas, only allow you to work for a certain number of hours.

If your visa does not allow you to work, it will have a “work limitation condition”. This is a condition that says you cannot work.

There can be consequences if you do not comply with your visa conditions. For example, if you work when your visa does not allow it, the Department of Home Affairs could cancel your visa.

There are now some protections for people who report being exploited at work – see “I’m scared my boss will cancel my visa” below.

You can check whether your visa allows you to work in Australia by:

using Visa Entitlement Verification Online (VEVO)
contacting the Department of Home Affairs, or
talking to a migration lawyer or migration agent.

I’m working unlawfully. Do I still have rights?

Yes. All migrant workers have the same rights and protections under the Fair Work Act as other employees in Australia.

These rights apply even if:

you do not have a valid Australian visa
you do not have the right to work
you have breached a visa condition.

Your workplace rights include:

minimum pay rates, including overtime and penalty rates for working weekends or public holidays
superannuation, even if you are paid in cash or work casually
maximum weekly hours of work
access to leave and other entitlements, including annual leave, personal leave and family and domestic violence leave
breaks during work shifts
protection from discrimination, including race, age, disability, sex,and gender identity.

If you are on an employer-sponsored visa (for example, a subclass 482 or 457 visa), your sponsor must pay you the proper market rate for your job – what an Australian worker doing the same job would be paid. This is sometimes called the Annual Market Salary Rate.

Am I being paid correctly?

Watch for signs that your pay is wrong. These include your employer:

paying you in cash
not paying superannuation
not giving you pay slips
taking money out of your pay without your permission
paying you below the legal minimum wage
not paying for overtime or penalty rates.

How do I know if I am being paid correctly?

Watch for signs that your pay is wrong. These include your employer is:

paying you in cash
not paying superannuation
not giving you pay slips
taking money out of your pay without your permission
paying you below the legal minimum wage
not paying for overtime or penalty rates.

How do I check if my payslip is right?

You should check your pay slip to see whether you have been paid correctly. Everyone must receive a pay slip within one working day of being paid, even if you are paid in cash.

A pay slip must include:

your wages
the rate of pay (and hours, if you are paid by the hour)
superannuation
any deductions or extra payments.

Your employer must keep copies of your employee records, including pay slips and records of hours worked, for seven years. You can ask them for a copy.

How much should I be paid?

You can find your minimum pay rate, penalty rates and conditions by using the Fair Work Ombudsman‘s website. This will help you understand whether you have been underpaid.

My boss wants me to pay for my visa sponsorship

It is against the law for your boss to ask you to pay, or make you pay, in exchange for a sponsorship, visa or job.

You can report your employer for doing this to the Department of Home Affairs. Your boss cannot cancel your visa, even if you report them.

My boss takes money out of my wages

Your boss generally cannot take money out of your wages unless:

you have agreed in writing, and your boss can’t force you to agree
your award or enterprise agreement allows it.

Any deductions must be reasonable and for your benefit, not your employer’s.

For example, if you accidentally damage company property, your boss cannot deduct money from your wages.

Reporting unpaid pay or entitlements

If you think you have been underpaid, get legal advice as soon as you can. You generally have six years to claim unpaid entitlements from your employer.

You can contact the Fair Work Ombudsman for help with wrong pay slips or to report underpayments. You can also call the Fair Work Infoline on 13 13 94.

Can my boss cancel my visa if I complain about my job?

No. Your employer cannot cancel your visa, even if you make a report or complaint about your job. Only the Australian Government can decide whether a visa is granted or cancelled.

It is also against the law for your employer to treat you badly because you asked, or complained, about your job or your pay.

If you have breached a visa condition, like working too many hours, there are now protections for people who report being exploited at work.

Depending on your situation, these may include:

A protection against visa cancellation. When the Department of Home Affairs decides whether to cancel a visa after a condition has been breached, it must take into account whether the person has experienced workplace exploitation.
A Workplace Justice Visa, which may let some people who have been exploited at work stay in Australia for a period to take action against their employer.

Both usually require your complaint to be certified, and you should get immigration advice before applying.

We don’t give migration advice, so for visas you need to contact a migration lawyer or registered migration agent. We can help with issues around employment including your pay, your rights at work and a claim against your employer.

If this involves sexual harassment or discrimination

You can report these issues even if you are on a visa. You have the same protection from sexual harassment and discrimination as any other worker.

Before you sign anything

If your employer offers you money or an agreement to settle and wants you to sign something, get legal advice before you sign.

Once you sign, it can be hard to take further action.

Support

If you need an interpreter, call the Translating and Interpreting Service on 131 450 and ask them to call us.

If you are d/Deaf, hard of hearing, or have a speech impairment, contact us through TTY on 133 677, Speak and Listen on 1300 555 727, or Internet Relay via the National Relay Service website.

Need support, not legal advice? Call Full Stop Australia on 1800 385 578, or 13YARN at 13 92 76 if you are First Nations.