Do overseas employees have any workplace rights and protections?
Published in: August 2016
Just like local workers, visa holders employed in Australia also enjoy a number of rights and protections, irrespective if they are holders of a sponsored or non-sponsored visa.
What basic rights and protections are available to overseas employees?
First, employers cannot create contracts or agreements taking away workplace rights and protections that are enshrined in legislation. Therefore, pay rates and workplace conditions still need to conform to Australian law. In addition to pay and work conditions, overseas employees also enjoy the same workplace health and safety protections as well.
Employers do not have the power to cancel visas
Visa holders should be aware that only the Department of Immigration and Border Protection (the Department) is able to cancel, grant or refuse visas, and not employers. It should also be noted that visa holders also have the opportunity to present reasons as to why their visa should not be cancelled to the appropriate decision-maker.
What obligations do employers owe visa holders?
For holders of a Temporary Work (Skilled) (subclass 457) visa, there are a number of employer obligations that are owed to the holder, and include the following:
There are a number of Commonwealth mechanisms that can be used for reporting subclass 457 visa breaches.
Contact Eddy Neumann Lawyers on (02) 9264 9933 or