Someone can be recruited with promises of decent work and pay. Instead of a good job, they are made to work for little or no wages. They are in forced labour or another form of modern slavery. If they had known the true nature of the job, they would not have accepted the offer.
They may have been misled about:
- the sort of work they will do, including whether it will involve sexual services
- how long they must work each day
- how long they must stay working in the job
- where they must live
- a debt connected to the job – for example, visa or travel fees.
Often, someone believes they cannot leave because their passport or other identity documents have been taken away.
They may also be told they have a large debt and must keep working to pay it back. (Find out more about debt bondage.)
Who is at risk of deceptive recruiting
Anyone can be tricked through deceptive recruiting. Make sure you’re aware of your rights as a worker. If you are unsure of your workplace rights, the Fair Work Ombudsman can help.
Dishonest third-party recruiters and labour hire firms may be someone’s main source of information about rates of pay and conditions. This makes it easier for some recruiters and firms to trick people about what wages and conditions are legal.
Deceptive recruiting is a serious crime
In Australia, it is against the law to trick or lie to someone about a job involving exploitation.
Under Australia’s Criminal Code, the penalty for deceptive recruiting includes jail for up to 9 years.
What deceptive recruiting looks like
In addition to general warning signs of modern slavery, there are other signs that someone might be experiencing deceptive recruiting.
Financial exploitation
Someone experiencing deceptive recruitment may:
- work in unskilled manual labour for little or no pay
- have to open bank accounts controlled by their employer
- have to pay for tools, food, or accommodation or have these costs deducted from their wages.
Lack of documents
They may:
- have no labour contract
- have their passport and other documents kept by the employer, and not be able to get them
- lack basic training and professional licences
- have an employer or manager who cannot produce records of wages paid or the documents required for employing workers from other countries.
Be controlled by an employer or agent
They may:
- face security measures to keep them on the work premises
- have their movements and access to transport tightly controlled
- depend on their employer for work, transportation and accommodation
- have no choice about where they live and be in crowded, run-down accommodation
- live in groups in the same place where they work and not often leave.
Not know their worker rights
They may:
- not know about worker rights and entitlements
- receive threats against joining a union
- have no labour contract
- be disciplined through fines
- work in a place where labour laws are being breached.
Poor working conditions
They may:
- work in dirty or unsafe conditions
- not be dressed adequately for the work they do (they may not have protective equipment or warm clothing)
- work where notices are posted in languages other than the local language
- work in a place with no health and safety notices.
Case study: Deceptive recruiting tricks woman into servitude
Maria was working long hours in a sewing factory in the Philippines for just $10 a week, well below the country’s average monthly salary of $300. Maria didn’t know much about Australia but an aunt told her she could get her domestic work here. She was told it paid up to $800 a month. Maria agreed because she wanted to help her family.
When Maria arrived in Australia, her employer, Mr K, and his wife made Maria work in their shop for 12 hours a day, 7 days a week. In the evenings, she did domestic duties in their home.
Maria was kept like a prisoner in the shop and the house. Mr K also sexually assaulted her. Maria was too afraid to escape and report the abuse.
Eventually, with the help of a member of Mr and Mrs K’s family, Maria was able to leave.
Need urgent help? If you or someone you know is not safe, or it is an emergency, phone Triple Zero (000) and ask to speak to the police. You can ask for an interpreter if you need one.
Find out more about how to get help for yourself, support someone else or report suspected modern slavery.
Poor working conditions and underpayment are serious, even if they are not deceptive recruiting or another type of modern slavery. Find out more about workplace rights on the Australian Government Fair Work Ombudsman website.
You can find more information, including information specifically for migrant workers, at the Australian Red Cross Work Right Hub or by emailing national_stpp@redcross.org.au for help. You can also search the Work Right Hub’s National services directory.