International Students: What Are Your Rights At Work?

Do you have any work rights as an international student?

Yes, international students have the same minimum rights and protections under the law as resident workers. That means that you are entitled to the same pay and minimum conditions of employment as resident workers.

The only difference is that, as an international student, you must be mindful of the 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 for a person or a business, it is important that you understand what type of worker you will be. The two main types of worker are called employee and independent contractor. 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, instead, 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 for free (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.

Other topics covered in the full Fact Sheet

• If you are an employee: are you a permanent or casual employee?
• Tax obligations
• Minimum pay
• Can you agree to an hourly rate that is lower than the minimum wage?
• Trial work – can the employer ask you to work for free?
• Payslips
• Can your employer make deductions from your pay?
• Other rights

For more information about work rights for international students, download the full Fact Sheet.