Someone experiencing forced labour might work long hours for very little or no pay, often in dangerous or poor conditions. They might owe, or believe they owe, a large debt to an employer or visa sponsor.
They can be forced to work in any type of job, including building, farming, manufacturing, cleaning, retail, hospitality or a family business. They can also be forced to work in a home (for example, as a housekeeper, nanny or au pair), and made to cook, clean and care for others, including children, without ever getting a break or the choice to leave.
It is illegal to force someone into any type of work. Sometimes, someone might be forced to do illegal or irregular work – like working in a fraudulent call centre or the drug trade. This is still forced labour and it is a serious crime in Australia.
Who is at risk of forced labour
Anyone can be coerced, threatened or tricked into forced labour. However, migrant workers can be at greater risk. Make sure you’re aware of your rights as a worker.
If you are a migrant worker, remember that your employer cannot cancel your visa, even if you have not followed your visa conditions. Only the Australian Government Department of Home Affairs can cancel a visa. Read more about visa protections.
What forced labour looks like
In addition to general warning signs of modern slavery. there are other signs that someone might be experiencing forced labour.
Financial exploitation
Someone experiencing forced labour may:
- be forced to work
- 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 their 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.
Forced labour is a serious crime
It is illegal to force someone to work in Australia. Under Australia’s Criminal Code, the penalty for forced labour includes jail for up to 12 years.
Case study: Forced labour in a restaurant
Bobby*, an international student, came to Australia on a student visa. He started working part-time at a restaurant with other people from his home country. He was paid in cash. His boss said that was better as he would not have to pay tax.
Every week, the boss took money out of Bobby’s wages to pay for different things. First it was his uniform. Then it was if dishes were broken on Bobby’s shift.
Bobby had to work extra hours to pay for these expenses. He ended up working 12-14 hours a day and was not allowed time off.
The boss threatened Bobby with deportation if he complained. Bobby was also worried his family would be harmed if he stopped working.
Eventually, Bobby got help from a friend and contacted authorities. He was referred to the Support for Trafficked People Program. He received casework, financial support, education and training.
*Name has been changed.
Poor working conditions and underpayment are serious, even if they are not forced labour 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.
Find out more about how to get help for yourself, support someone else or report suspected modern slavery.
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.
Lina, age 17, had a boyfriend her parents didn’t approve of. When she went overseas with her family, they forced her to marry someone else. They threatened to harm her boyfriend’s mother and sister if she didn’t. Watch Lina’s story to find out how she got help.