A Guide to the Right to Work

A Guide to the Right to Work

Table of content

  1. What is a right to work right to work in australia?
  2. Who has the right to work in australia?
  3. What is a right to work document?
  4. What is the scope of the right to work?
  5. What are the penalties of hiring undocumented workers?
  6. How can Workstem help?

What is a right to work right to work in australia?

Everyone has the right to the chance to earn a living through work that they voluntarily choose or accept as part of their right to labour. The ability to create and join trade unions, as well as to enjoy fair and favourable working circumstances, are examples of rights at work.

Who has the right to work in australia?

In Australia, any person who is a permanent resident or holds a valid work visa has the right to work in the country. This includes Australian citizens, permanent residents, and individuals holding various types of work visas such as temporary skilled visas, working holiday visas, and student visas with work rights. It is important for individuals to ensure they have the necessary visa and work rights before seeking employment in Australia.

What is a right to work document?

In Australia, a “right to work” document refers to a document that confirms an individual’s legal right to work in the country. This document is commonly used by employers to verify a job applicant’s eligibility to work in Australia. It may include details such as a visa or work permit, citizenship status, or other relevant immigration documents. Without a valid right to work document, an individual may not be able to legally work in Australia.

What is the scope of the right to work?

The right to work in Australia is protected by various laws and regulations, including the Fair Work Act 2009 and the Migration Act 1958. The scope of this right generally includes:

  • 1 The right to seek employment and be considered for job opportunities without discrimination based on factors such as race, gender, age, or disability.
  • The right to fair and safe working conditions, including minimum wage and working hours regulations, occupational health and safety standards, and protection against discrimination, harassment, and unfair dismissal.
  • The right to join a trade union and participate in collective bargaining for better wages and working conditions.
  • The right to work as an independent contractor or freelancer, with protections against exploitation and unfair contracts.
  • The right to work as a migrant worker, with regulations in place to prevent exploitation and ensure visa holders are treated fairly and paid appropriately for their work.
  • Overall, the scope of the right to work in Australia is broad and encompasses various aspects of employment rights and protections.

What are the penalties of hiring undocumented workers?

In Australia, there are serious penalties for hiring undocumented workers. These penalties can include fines of up to $63,000 for individuals and $315,000 for businesses for each undocumented worker hired. In addition, individuals and businesses can be liable for criminal prosecution and imprisonment for up to two years. Employers may also face additional penalties if found to have exploited undocumented workers, such as facing court-ordered restitution or disqualification from sponsoring overseas workers in the future. It is important for employers to ensure that all workers have the legal right to work in Australia to avoid these penalties.

How can Workstem help?

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Choose between our Standard and Advanced plans, and enjoy a range of benefits such as Fair Work compliance, an employee self-service App, and customised rule set.

Book a free demo with our payroll experts. Experience the efficiency and accuracy of Workstem today!

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