International Students: What Are Your Rights At Work?

Do you have any work rights as an international student?

Yes, international are entitled to the same pay and minimum rights and protections as resident workers.

The only difference is that, as an international student, there is a limit on the number of hours that you can work while your course is in session.

Know what type of worker you are

Before you start working, it is important that you understand what type of worker you will be. The two main types of worker are employees and independent contractors. You are either one or the other – you can’t be both.

Employees generally work for an employer who controls:

• what work is to be done;
• how the work is to be done; and
• when and where the work is to be done.

Employees are entitled to minimum pay and other conditions.

Independent contractors run their own business. They have an ABN (Australian Business Number) and they get paid after they issue an invoice for the services they have provided. They generally use their own tools and equipment to get the job done. See JobWatch’s ‘Independent Contracting Traps’ Fact Sheet for more information.

You could also be a volunteer in a not-for-profit organisation (e.g. a charity), which means you have agreed to do some work without getting paid. Or you could be on a vocational placement, which involves doing work as a requirement of your course. You will not be paid for that vocational placement.

For more information about the different types of employment status, tax obligations, minimum pay rates, trial work, payslips, wage deductions and other rights, we recommend you download the ‘International Students’ Fact Sheet.

Need legal advice?

If you would like to make an appointment for free and confidential legal advice about your work rights with the International Students Employment and Accommodation Legal Service, please contact the Study Melbourne Student Centre by calling 1800 056 449 or emailing info@studymelbourne.vic.gov.au.

For further support

Call our Telephone Information Service on Melbourne Metro (03) 9662 1933 or Regional Victoria, Queensland and Tasmania on 1800 331 617.