People who have migrated to Australia have the same workplace protections and entitlements as Australian citizens.

All visa holders and people who have migrated receive the same basic National Employment Standards (NES). This includes the maximum weekly hours of work, requests for flexible work, sick/carers leave, and notice if made redundant or work has been terminated. Read more about your entitlements here.

Can my employer cancel my visa? 

No. Australian immigration laws are enforced by the Department of Home Affairs. An employer cannot cancel your visa, even if you’ve breached the relevant conditions under the ‘Assurance Protocol’. Contact the Fair Work Ombudsman for support if you need it, or call them on 13 13 94. If you need help with language, call the Translating and Interpreting service 13 14 50. Safe Work Australia is another great regulatory body with helpful resources for migrant workers.

Work, Health Safety (WHS) laws are also important to be aware of to keep yourself safe at work. Your employer or boss has a duty of care to ensure risks are reduced. If you get hurt at work, it is best to tell your boss and see a doctor. You can also read the WHS contacts specific to each state.

Discrimination, Bullying and Sexual Harassment

If you’re being discriminated against in your workplace it can be good to know when and where to report to. If you’re being discriminated against based on your sex, race, colour, age, gender identity or physical or mental disability, see here for protections at work. You can also check out our articles on workplace bullying, sexual harassment and Equal Opportunity and Anti-Discrimination Commissions.