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Scenario 11: Recovering unpaid wages

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Your boss must pay the minimum wage for your type and times of work.

To find out what you should be paid, you can use this Fair Work pay calculator. Sometimes you should get paid extra for working late or on weekends.

Keep evidence of the hours you have worked. The easiest way to do this is by using the Fair Work Ombudsman (FWO) Record My Hours app. You should also keep emails or texts with your employer, rosters or timesheets and photos of yourself in uniform.

You can get free confidential legal advice from the International Student Work Rights Legal Service (1800 056 449). They can help you determine the right amount of pay you should be receiving and give you options to get your wages back. They can help you speak to your employer about the issue, call your employer for you or write them a letter, or go to court. You can tell the lawyer what you want them to do.

It is illegal for an employer to punish you because you make a complaint. Talk to the International Student Work Rights Legal Service (1800 056 449) if this happens.

Don't think it's too late to bring a claim for underpayment. You have up to 6 years from when you should have been paid.

Learn more about issues like this

Learn more about the people and places that can help

Free Legal Help

Lawyers are here to help you. They can give you clear directions about what to do next based on what you want, and they can do things for you like talk to other people, speak in court and draft documents. If you speak to a lawyer, they cannot tell anyone what you have said – including migration authorities, police and family. What you tell them won’t affect your visa, work or education.

International Students Work Rights Legal Service (ISWRLS)

If you are having issues at work (excluding migration problems), the ISWRLS can provide you with free, confidential and independent legal advice about what to do.

Other Services

Some services can provide you with support or information. This might include general information about your options. They are a good place to start when you are having trouble and want to find out more about what you can do.

Fair Work Ombudsman

If you are having issues at work, the FWO can give you free help. Importantly, you can seek the FWO’s assistance without fear of your visa being cancelled.