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Why undocumented immigrant workers should have workplace rights

Author

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  • Stephen Clibborn

Abstract

There exists a gap at the intersection of Australia’s immigration and employment laws that has serious implications for employees, employers and policy. Australia is host to a large and growing population of immigrants working without authorisation, described as the most significant problem facing Australian immigration authorities. These undocumented workers are often exploited by employers through wage theft, sexual harassment and unsafe working conditions. Yet, they are not entitled to protection under Australia’s employment laws. In addition to the implications for workers, there are broader policy concerns arising from the current system of regulation that effectively rewards employers who are equally in breach of immigration law. Left uncorrected, current regulation may in fact be encouraging a ‘race to the bottom’ for employment standards and increasing undocumented immigrant work. As well as highlighting the inadequacy of the existing regulatory framework, potential avenues for addressing this are explored.

Suggested Citation

  • Stephen Clibborn, 2015. "Why undocumented immigrant workers should have workplace rights," The Economic and Labour Relations Review, , vol. 26(3), pages 465-473, September.
    • Handle: RePEc:sae:ecolab:v:26:y:2015:i:3:p:465-473
    DOI: 10.1177/1035304615598072
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    Citations

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    Cited by:

    1. Quinlan, Michael., 2015. "The effects of non-standard forms of employment on worker health and safety," ILO Working Papers 994894053402676, International Labour Organization.
    2. Jens Arnholtz & Chris F. Wright, 2023. "Labor Migration as a Source of Institutional Change: Danish and Australian Construction Sectors Compared," ILR Review, Cornell University, ILR School, vol. 76(3), pages 532-555, May.
    3. Roya Derakhshan & Rashedur Chowdhury, 2025. "Experience of Marginalization in Noncooperative Spaces: The Case of Undocumented Migrant Workers in Italy," Journal of Business Ethics, Springer, vol. 197(2), pages 231-252, March.
    4. Piotr Żuk & Paweł Żuk, 2018. "Offshoring, labour migration and neo-liberalisation: nationalist responses and alternatives in Eastern Europe," The Economic and Labour Relations Review, , vol. 29(1), pages 97-117, March.
    5. Stephen Clibborn & Chris F. Wright, 2022. "The Efficiencies and Inequities of Australia's Temporary Labour Migration Regime," Australian Economic Review, The University of Melbourne, Melbourne Institute of Applied Economic and Social Research, vol. 55(2), pages 254-262, June.
    6. Chris F Wright & Stephen Clibborn, 2020. "A guest-worker state? The declining power and agency of migrant labour in Australia," The Economic and Labour Relations Review, , vol. 31(1), pages 34-58, March.
    7. Stephen Clibborn & Chris F Wright, 2018. "Employer theft of temporary migrant workers’ wages in Australia: Why has the state failed to act?," The Economic and Labour Relations Review, , vol. 29(2), pages 207-227, June.

    More about this item

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    JEL classification:

    • J8 - Labor and Demographic Economics - - Labor Standards

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