Australia work visa advice

lil_lisa

Hey guys, I was wondering if you could give advice. A friend of mine is living in Oz for the past few years under her partner's sponsorship. They've been running into trouble lately with his employer, he seems to think he doesn't have to pay them.

This has been going on for 12 weeks and they are both worried about taking legal action as their visa states that if either party breaks the contract they will have 30 days to leave the country, does this seem right? He's refusing to pay and they have no rights?

He's currently looking for a new job so he can break this contract and begin a new one without leaving the country but it's not easy and they are becoming really tight on money now. Could anyone give some advice on what could be done?

Thanks in advance!

mandrake04

lil_lisa wrote: »

Hey guys, I was wondering if you could give advice. A friend of mine is living in Oz for the past few years under her partner's sponsorship. They've been running into trouble lately with his employer, he seems to think he doesn't have to pay them.

This has been going on for 12 weeks and they are both worried about taking legal action as their visa states that if either party breaks the contract they will have 30 days to leave the country, does this seem right? He's refusing to pay and they have no rights?

He's currently looking for a new job so he can break this contract and begin a new one without leaving the country but it's not easy and they are becoming really tight on money now. Could anyone give some advice on what could be done?

Thanks in advance!

Really if the employer gives notice and the employment ends your friend has 28 days to find and process a new sponsorship otherwise they will be forced to leave the country.

I have heard of extensions by another 28 days on the discretion of DIAC but they usually require proof of funds and this might have changed in the last few years.

mandrake04

Forgot should have said ......they should also contact Fairtrading about getting their money, people on 457 have the same work rights as everyone else except if the employer terminates their employment it usually results in a ticket home.

lil_lisa

The thing is, he's still employed by him. There's no word of the employment being terminated, he's just not paying up. But by not paying the employer has already broken the contract. This should, in theory, require them to leave the country or seek new sponsorship, right? Although, that alone does not make sense!

mandrake04

lil_lisa wrote: »

The thing is, he's still employed by him. There's no word of the employment being terminated, he's just not paying up. But by not paying the employer has already broken the contract. This should, in theory, require them to leave the country or seek new sponsorship, right? Although, that alone does not make sense!

It's really a between a rock & a hard place situation, If your friend works for the employer they are entitled to be paid... its a very simple employment contract as you put it. The employer has really broken the law not just the contract.

If the employer refuses to pay the employee has the right to complain and report them to fairtrading for non-payment...the employer might take offense to this and sack your friend and they in return could claim unfair dismissal.

Unfair dismissal does not keep you in the country, once you fall out with your employer your gone unless you can find a replacement sponsor within the time.

The moral of the story don't get sponsored by dodgy employers.

Zambia

I would like to know what planet the employer is on if he believes he does not have to pay them.

I reckon if your friend seeks legal advice he/she may get at least a plan to recoup the lost wages and possibly a stay on any way the employer can let you go.

lil_lisa

I just found out he's about to declare bankruptcy and has been paying him less than 50% of what he should be but if they try to take legal action they will probably end up being sent home. Looks like job hunting and praying is the only way out of this one.

Thanks for your help guys!

Zambia

lil_lisa wrote: »

I just found out he's about to declare bankruptcy and has been paying him less than 50% of what he should be but if they try to take legal action they will probably end up being sent home. Looks like job hunting and praying is the only way out of this one.

Thanks for your help guys!

I suspected something like that. What trade is he in?

mandrake04

Really DIAC would not be aware that the employer is in difficulty unless they are informed by the employer himself, your friends both have valid visas in their passport and that aint gonna change unless DIAC find out about it.

It is unlikely your friends are going get their money back, but they could still cut a deal with the employer to keep stump about the visas and not phone DIAC if they didn't push him for the money.

They then have the option

a) Look for a new job and get re-sponsored (safe)
b) Just get another job and work the life of the visa and say nothing to anyone.

If DIAC don't know about it they would be none the wiser.

lil_lisa

Thanks for all your replies everyone. It seems a bit dodgy to try and hide it from DIAC. I don't think it would be the worth the risk if they could find a suitable job.

Although, would anyone know of any where in Perth which may hire a painter?

38141

It's not fair trade they need, it's Fair Work Australia.

Damian001

Work visa is a document that allows workers from other nations to hold jobs. Earlier it was easy to get a visa without a job order but only in some positions especially the lower level jobs. The process of getting work visa can be quite complicated because of the large amount of applicants coming in yearly. It is advisable to consult a professional agent who can help you to sort out your problem.