DHA's Guidelines on Indicators of Exploitation in the Workplace

The Australian government's recent Bill to curb foreign worker exploitation has sparked discussions. Wondering what exactly constitutes exploitation? The Department of Home Affairs provides some much-needed clarification.

The list includes, but is not limited to:

1. Coercion or threats to cancel an employee's visa.

2. Paying less than the entitled wage.

3. Imposing unfair deductions, deposits or 'cash-back' schemes.

4. Denial of workplace benefits such as paid leaves or superannuation.

5. Unlawful possession of an employee's passport by another party.

6. Pressuring employees to work beyond the work conditions of their visa.

7. Demanding an advance payment or 'deposit' for job procurement.

8. Evading tax responsibilities by paying employees in cash.

9. Enforcing unpaid training sessions.

10. Incorrectly classifying workers as independent contractors instead of employees.

11. Deducting unjust charges from wages for services like accommodation, training, food, or transportation.

As employers, it's vital to understand that we don't have the authority to cancel the visas of any foreign worker. Only Home Affairs holds that power. It's important to prioritise staying informed and compliant to ensure the safety and security of all employees.

You'll find further helpful information from the DHA here.

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About the Author

Maggie Taaffe is an immigration lawyer with extensive experience assisting employers and their foreign workers with employer sponsorship and labour agreements. She specialises in immigration compliance issues for employers and offers a wide range of services to help businesses navigate the complex world of Australian immigration law.