Tip of the Week: Advice for international students working during COVID-19

Other useful links

• To find out more about working more than 40 hours a week see: Temporary relaxation of working hours for student visa holders  
• To lodge an unfair dismissal application, please visit Unfair dismissal application

Video transcript

Are you an international student and working whilst you complete your studies here in Australia? This video will explain how your rights in the workplace may have been affected by the COVID-19 pandemic.

Normally, international students cannot work more than 40 hours within a two-week period; however, this limitation may not currently apply to you if:

• You're employed by an aged care provider.
• You're employed by a registered National Disability Insurance Scheme (NDIS) provider.
• You are currently enrolled in a healthcare-related course and you're supporting the health effort against COVID-19.

Please follow the link in the description box to see if this applies to you as a result of COVID-19.

Your employer may ask you to vary your job duties or the hours that you work. If you are a casual worker, your employer is allowed to ask you to work different hours, less hours, to temporarily work no hours, or to end your employment altogether.

If you are a part-time or full-time worker, your employer is allowed to make your job redundant. This is not the same as being fired and you may be entitled to redundancy pay. Also, there are certain steps and obligations your employer needs to have taken if you were made redundant such as attempting to redeploy you within the business.

Regardless of whether you were employed on a casual, part-time or full-time basis, you must not be paid less than your minimum rate under the industry award. If you have been fired - that is your workplace has ended your employment - and you believe it to be unfair you may be able to make a claim for unfair dismissal. You must make this claim within 21 days from the day you stopped working.

If you think you have been pay less than you should, or you think you've been unfairly dismissed, please contact Redfern Legal Centre at www.rlc.org.au. If you are in a state or territory other than NSW, please your local community legal centre.

Most importantly, if you have COVID-19, or think you might have it, you need to self-isolate. You cannot be discriminated against or fired for taking sick leave or carers leave.

If you think you've been unfairly treated for self-isolating and you are an international student in NSW, please contact RLC or your local Community Legal Centre

International students in NSW with legal questions can contact RLC's International Student Legal Service NSW at www.rlc.org.au or by phone on 02 9698 7277 for free legal advice and referrals. If you need an interpreter, call using the free translating and interpreting service on 13 14 50. If you are in a state or territory other than NSW, please your local community legal centre.

For more legal tips, download My Legal Mate, RLC's free legal app for international students in NSW. Available in 7 languages.