KEY POINTS
- The migrant and low-income population is more vulnerable to workplace exploitation.
- According to the Fair Work Ombudsman, about 20 per cent of reports of workplace abuse come from migrant communities.
- It is a ‘big illusion’ that reporting exploitation of your labour rights will affect your visa status, lawyer says.
“We could only fill our water bottle once a day, and we could only go to the bathroom once in the morning and once in the afternoon because he [the business owner] had security cameras and checked how many times we left the place,” she told SBS Portuguese.
Fernanda dreamed of working in fashion, but said she experienced workplace exploitation. Credit: Supplied
According to Fernanda, a typical work day also involved working in the same position standing or sitting on a steel bench for hours, and being warned every time she tried to stretch.
“He [the owner] once asked me to help finish a dress on the Saturday shift, which was initially supposed to finish at 4pm, but we finished at 7am the next day. No, he didn’t pay any overtime differential, just the normal rate for the week,” Fernanda said.
How to protect yourself from exploitation at work
The migrant and low-income population is more vulnerable and susceptible to being exploited in the workplace Source: Moment RF / Jasmin Merdan/Getty Images
Valmor Gomes Morais is a lawyer who acts as a case mediator. He’s also a leader of the Brazilian community who has served as Honorary Consul of Brazil in Queensland.
“I recommend the unions, and the local places of free legal support, which are the community legal centres. If it is confirmed that it is a case of exploitation, the advice is to report to Australian Fair Work, and in the case of physical or psychological injury at work, contact the work’s legal advisers,” he said.
Valmor Gomes Morais is a lawyer who acts as a case mediator in Queensland. Credit: Supplied
Fernanda recalled that whenever she thought of complaining about her working conditions, she was afraid that her boss could, in some way, affect her visa status.
“But unfortunately, many employers have the practice of exploiting immigrants, and this has been happening for many years with millions of people,” Morais said.
Contacting union and local councils is the first step to getting information and support in the event of abuse at work, lawyer Valmor Gomes Morais said. Source: Moment RF / Longhua Liao/Getty Images
‘Finding courage’
“And every time I called my mother, talking about work brought mixed feelings. It was the area [of work] I wanted, but I felt like I didn’t know how to sew anymore.”
Fernanda said she only began to realise the seriousness of her situation after she worked 22 hours straight without extra pay. Credit: Supplied
Fernanda said that it took several months for her to realise the seriousness of her situation, after an episode where she was required to work 22 hours straight without extra pay.
“In her case, she has full right to report to Fair Work Australia and pursue her rights after that,” he said.
Various forms of exploitation
People can fall into a situation of work exploitation due to lack of information, Morais said, explaining that labour abuse goes beyond underpayment.
Labour exploitation goes beyond underpayment.
He said “wage theft” can occur in several ways, and includes not only the practice of underpaying a salary or wages, but also other entitlements.
Among these, employers may commit wage theft by paying below the minimum hourly rate, only allowing unpaid breaks, refusing to grant leave, and not paying appropriate allowances as defined in the employee’s contract.
Tyler Mitchell