Guest User 26/7/24 Guest User 26/7/24

Migrant workers have long been too scared to report employer misconduct. A new visa could change this

The conversation

The conversation | Laurie Berg & Bassina Farbenblum

Tragically, a deep fear of immigration consequences means most unlawful employer conduct goes unreported.

On Wednesday, however, the government officially launched a two-year pilot of innovative visa reforms that could bring these workers out of the shadows.

Arya Nagar 20/6/24 Arya Nagar 20/6/24

Recovering lost wages is nearly impossible for Australia’s underpaid migrant workers

Here’s how to fix the problem

Guest User 20/6/24 Guest User 20/6/24

All Work, No Pay: Why the court is failing migrant workers and what the government should - and must - do.

Catherine Hemingway, Fiona Yeh, Laurie Berg and Bassina Farbenblum, All Work, No Pay (2024)

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Guest User 21/12/23 Guest User 21/12/23

Submission - Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 [Provisions],

Submission to the Senate Standing Committees On Legal And Constitutional Affairs’ inquiry into the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 [Provisions],

In our submission to the Senate Standing Committees On Legal And Constitutional Affairs’ inquiry into the Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 [Provisions], we welcome the introduction of an equal access costs model to federal anti-discrimination laws in Australia.

We strongly support the passage of the Australian Human Rights Commission (Costs Protection) Bill 2023 (Cth) (Costs Protection Bill) in its current form.

We are proud to be part of the Power to Prevent Coalition that has advocated for this reform and congratulate the Government on introducing the Bill.

In early 2024 we will release a new report on the small claims process, All Work No Pay, which will strongly encourage the Government to introduce similar amendments in relation to small claims brought under the Fair Work Act 2009 (Cth).

READ THE SUBMISSION

Guest User 27/10/23 Guest User 27/10/23

Submission - Independent Review of the National Legal Assistance Partnership

Submission to the Independent Review of the National Legal Assistance Partnership.

In our submission to the Independent Review of the National Legal Assistance Partnership, we draw on data from our national surveys and forthcoming report on the small claims system to make evidence-based recommendations for reform. We outline how our survey data shows that exploitation of migrant workers is widespread, and ongoing.

Yet despite this, nine out of ten migrant workers suffer wage theft in silence and take no action to enforce their rights. Our research shows that community legal centres, unions and migrant worker centres bring about the best outcomes for vulnerable workers seeking to enforce their rights. However, CLCs and others cannot meet demand for services and it is extremely rare for migrants to go to court to enforce their rights.

OUR RECOMMENDATION

The Government should provide dedicated, multi-year, recurrent funding for Legal Aid Commissions and Community Legal Centres to provide employment law assistance to vulnerable workers. This would cover all aspects of employment and equality law, including:

And would take the form of:

Community legal education
Legal advice and ongoing casework
Program design, monitoring and evaluation

READ THE SUBMISSION

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Supplementary submission - Migration Amendment (Strengthening Employer Compliance) Bill 2023

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Submission - Migration Amendment (Strengthening Employer Compliance) Bill 2023

READ THE SUBMISSION

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Joint submission with HRLC- Migration Amendment (Strengthening Employer Compliance) Bill 2023

Joint submission with HRLC - Migration Amendment (Strengthening Employer Compliance) Bill 2023

READ THE SUBMISSION

Guest User 12/7/23 Guest User 12/7/23

Visa protections to enable exploited migrant workers to bring labour claims: an Australian proposal

(2023) Global Labour Rights Reporter | Volume 3, Issue

Article: Laurie Berg and Bassina Farbenblum, “VISA PROTECTIONS TO ENABLE EXPLOITED MIGRANT WORKERS TO BRING LABOUR CLAIMS: AN AUSTRALIAN PROPOSAL” (2023) Global Labour Rights Reporter | Volume 3, Issue

READ THE ARTICLE

Guest User 26/4/23 Guest User 26/4/23

Avenues for exploited migrant workers to remain in the country of employment to pursue labour remedies

This Research and Policy Brief considers migration frameworks that would enable migrant workers to safely speak up, leave abusive employers without losing their visa, or temporarily remain in their country of employment at the end of their stay in order to recover the wages they are owed and hold abusive employers to account.

Migrant workers commonly suffer wage theft in silence because if they take action, they could lose their visa or be deported. Many only feel safe to initiate a claim for the wages they are owed once their employment, work permit and residence come to an end. However at that point, they are required to leave the country. Undocumented workers almost never raise labour violations for fear of detection and deportation. In general, it is extremely difficult for migrant workers to pursue a claim for unpaid wages once they leave their country of employment. As a result, abusive employers are never held to account, and the vast majority of migrant workers never recover the wages they are owed.

Read the Full Brief

The Brief includes current examples of

Read the Summary

visa portability for exploited migrant workers to bring claims and find a new sponsor,
short term visas with work rights to pursue wage claims at the end of a migrant worker’s stay,
deferral of removal (with work rights) for undocumented workers who pursue labour claims, and
visas for victims of trafficking and criminal wage theft and exploitation to pursue civil labour claims.

It is accompanied by a more detailed case study of recent advances in the United States which enable migrant workers, including undocumented workers, to remain in the country for up to two years with work rights in order to pursue unpaid wages and other labour claims.

Guest User 26/4/23 Guest User 26/4/23

CASE STUDY | Protecting Noncitizen Workers Who Address Labour Violations: Recent Advances in the United States

A case study of recent advances in the United States which enable migrant workers, including undocumented workers, to remain in the country for up to two years with work rights in order to pursue unpaid wages and other labour claims.

A case study of recent advances in the United States. These include new policies that enable migrant workers, including undocumented workers, to remain in the country for up to two years with work rights in order to pursue unpaid wages and other labour claims, certified by local, state and federal labour agencies and other enforcement bodies.

Read the Case Study

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Submission - Protecting Workers Entitlements Bill

READ THE SUBMISSION

Guest User 3/3/23 Guest User 3/3/23

Breaking the Silence: A Proposal for Whistleblower Protections to Enable Migrant Workers to Address Exploitation

Led by the Migrant Justice Institute and Human Rights Law Centre, the Breaking the Silence proposal urges the Federal government to establish whistleblower protections that would enable migrant workers to report exploitation without risking their visa. The proposal is endorsed by a national coalition of over 40 legal service providers, unions, ethnic community peak bodies, churches, and national organisations.

Migrant workers generally endure exploitation in silence for fear of jeopardising their visa or ability to stay in Australia. The proposed reforms in Breaking the Silence include:

A protection against visa cancellation for exploited migrant workers who take action against their employer and have breached their work conditions;
A short-term visa to allow exploited migrant workers to remain in Australia and pursue a claim against their employers, with visa security and the ability to work.

Read the Full Proposal

Read the summary

Frequently asked questions

Guest User 16/2/23 Guest User 16/2/23

Explainer: Wage Theft and Migrant Workers - Why Government and Business Systems are Failing

Migrant workers are routinely subjected to wage theft throughout the world. Most unpaid workers will never recover their wages because government and business systems fail them.

In partnership with Solidarity Center, The ILAW Network and MIDEQ, Migrant Justice Institute has produced a short Explainer for governments, business and advocates to support advocacy for reform. Based on extensive empirical research in different global regions, it provides accessible answers to key questions:

What is wage theft and what forms can it take?
Why do employers systemically underpay migrant workers?
How is wage theft related to forced labour and modern slavery?
Why don’t migrant workers report wage theft and bring claims against employers? What barriers are created by migration laws, and why don’t labour claim systems work for migrant workers?

READ THE EXPLAINER