International Student and Careers Service Assistant, Binaisha Darayus Baria quashes some myths around rights of International Students looking for work whilst studying in Australia.
Know the difference between “cash in hand” and being paid in cash with a pay slip.
As per “1 July 2022, the National Minimum Wage for employees aged 21 and over is $21.38 per hour, or $26.73 for casual employees”. The Fair Work Ombudsman clearly specifies that everyone working in Australia, including international students are entitled to be paid a minimum wage by their employer.
Remember, you have not broken the law if you have agreed to work at a lower rate and it is your right to get paid correctly.
It is acceptable for your employer to pay your salary in cash, only if:
- they have filed your tax with the ATO
- they have dedicated a portion of your salary to your chosen or agreed superannuation fund
- you receive a pay slip that specifies all the details above
For more information you can refer to this factsheet on the Fair Work Ombudsman website.
What is superannuation and what does it mean for international students?
“Superannuation is a long-term savings structure to help fund your retirement.” Even though international students are here on a temporary visa and may not plan to stay here till retirement, they are still eligible for superannuation. To learn more about superannuation you can visit Services Australia or the Students Representative Council (Uni Sydney) website.
Legal working hours during semester and semester break.
As per the Department of Home Affairs, there is a temporary relaxation on student work visas to comply with workforce shortages in all economic sectors. This applies to the current and new students with a valid visa. A student can work more than 40 hours per fortnight under these rules. As of 28th July 2022, the Department of Home Affairs temporary relaxation will remain in place until end of June 2023.
International students must ensure they know of any changes made to their working rights and visa conditions in the future.
The employer needs to pay their employees the correct pay rate for all working hours.
Under the Fair Work Ombudsman, your employer is required to pay for any formal or informal training as a part of your job, including on-the job training, team training and any online training. As an employee you should get paid for the time spent opening and closing the business. You may also be entitled to a higher pay rate if you work weekends, public holidays, or overtime. On a side note, there are certain types of unpaid work arrangements for unpaid trials, student placements and for work experience & internships which you can have a look at in more detail from the links.
Just remember everyone in Australia has the same working rights, even if you are an international student. If in doubt, always reach out to the Fair Work Ombudsman or talk to someone with knowledge on this topic.