Safeguarding Migrant Workers: Understanding Legal Protections and Rights
To ensure fair treatment and combat exploitation, comprehensive laws have been established that employers must adhere to, in order to protect migrant workers in the workplace.
These protections apply to all temporary migrants, regardless of their visa status, and are designed to create a safe and equitable work environment.
Key Aspects of Migrant Worker Protection
Legal Safeguards
Recent legislation has been implemented to prevent employers, sponsors, and others in the labor chain from exploiting workers based on their visa status. These laws are designed to provide a safety net for migrant workers and ensure their rights are respected.
Penalties for Non-Compliance
Employers who violate these laws face severe consequences:
- Significant fines;
- Up to 2 years of imprisonment; and/or
- Ban on employing temporary visa holders
Forms of Workplace Exploitation
Workplace exploitation can manifest in various ways. Some illegal practices include:
- Underpaying migrant workers
- Confiscating passports
- Threatening visa cancellation (which employers cannot do)
- Forcing excessive work hours beyond visa conditions
- Coercing unwanted sexual acts
- Imposing substandard living conditions
Additional Protections
Visa Sponsorship Costs
It is illegal for employers to transfer sponsorship-related expenses to visa holders or their family members. Similarly, visa holders are prohibited from paying employers for sponsorship.
Early Reporting
Migrant workers are encouraged to report any instances of workplace exploitation promptly to receive necessary support and assistance.
Reporting Mechanisms
For those who wish to report workplace exploitation anonymously, two primary channels are available:
By understanding these protections and reporting mechanisms, migrant workers can better safeguard their rights and contribute to a fair and equitable work environment. Employers, in turn, must ensure compliance with these laws to avoid severe penalties and maintain ethical business practices.
How can employers ensure compliance with these laws protecting migrant workers?
Establish Clear Policies and Management Systems
Policy Development
- Establish or update policies focused on employment rights
- Involve internal and external stakeholders, including migrant workers, in policy development
Policy Implementation
- Integrate policies into internal management systems to ensure consistent implementation
- Communicate policies to all stakeholders and employees in accessible and easy to understand language
- Embed and integrate policies in operational procedures and policies
Conduct Due Diligence
Risk Assessment
- Carry out human rights due diligence to proactively manage potential and actual adverse impacts on migrant workers
- Identify and assess risks specific to migrant workers in the business operations and supply chain
Action Plans
- Develop and implement action plans to prevent and mitigate identified risks
- Use company influence to support business partners in implementing their own action plans
Ensure Fair Recruitment and Employment Practices
Recruitment
- Ensure recruitment fees and related visa/immigration costs are not passed on to migrant workers (unless lawfully able to do so)
- Ensure transparency in employment terms and conditions, prohibiting contract substitution
Employment Conditions
- Ensure equivalent terms and conditions for Australian and migrant workers
- Ensure compliance with legal obligations regarding notice periods, compensation, and return assistance in case of redundancies or layoffs
Establish Grievance Mechanisms and Remediation
Grievance Procedures
- Set up operational-level grievance mechanisms accessible to migrant workers
- Ensure fair and effective remedy where non-compliance has been identified
Monitoring and Improvement
- Regularly review and update policies as risks emerge and evolve
- Conduct regular social audits and assessments of business operations and stakeholders
By implementing these measures, employers can work towards ensuring compliance with new laws protecting migrant workers while fostering a fair and ethical work environment.
For more information or to arrange a consultation, please get in touch with our team.