Bluerobot

Does anyone know whether it is legal for someone on a 457 visa is able to be put on a 4 day week? I thought you had to be paid for at least 38 hours per week on a 457?

I know a guy who is in this situation and is really struggling financially. He has a wife & 2 small kids, both under 5. He can't get any extra work obviously, due to his visa conditions.

He's been told he need to be "flexible" with his so-called day off, which means he doesn't have a fixed day of the week off, if at all. This means his wife can't get a temp job easily, as the childcare costs outweigh the wages she would get.

His employers are messing him around, saying they are looking for more commitment from him, before they will sponsor him for PR. This is a laugh, as he has been at the company for at least 2.5 years.

sonlymewalter

Please read this link under "minimum salary levels".

Also click on the links in the doc. Hope this helps

http://www.immi.gov.au/skilled/skill...s-employer.htm


Also - read some info on here re the temp visa. I've linked this so that people who are thinking of coming on this type of visa get a clear picture as to the kinds of things than can happen, and are prepared for it.
http://britishexpats.com/forum/showthread.php?t=613212

Amazulu

Over the years that I have been here and talking to friends who are on it, I really cannot see the point of being on a 457 visa. Sure it gets you out here pretty quickly but after that it just sounds like too much pain and hassle to be on a 457.

The 457 is great for the employer but shit for the employee.

Deutschmaster

I think they just have to give the minimum salary level rather than minimum number of hours. I think I read that it's around the mid $40ks


Your friend might want to have a look at applying independently for PR - something like either the 175 or 176 visas. Sure it'll take a while to come through, which means best to start it as quickly as possible.

sonlymewalter

Please read this link under "minimum salary levels".

http://www.immi.gov.au/skilled/skill...s-employer.htm

Tellyaddict

We are also on a 457 visa and my husband was reduced to a 4 day week. Luckily for us it was only for about 6 weeks and he starts his regular hours again this week. He spoke to his employer (who are really good) and they explained that either everyone went on a 4 day week or 2 people would have to go. It can be a struggle but if your friend wants to stay here then he has to try and find a way to manage. Regarding his PR, can he not apply for this independantly? We are looking at the Pathway E which means my husband has to go to college 2 nights a week for 6 months to learn how to do the job he has been doing for 20 years but we need the Australian Qualification to apply. This will also mean that we can apply for PR 1 year earlier than waiting for his employer.

Deutschmaster

Am I right in reading this as $48K or $52K for IT trades? It also still seems to me that an employer has to give a minimum salary, not minimum hours - they could give somebody $48K for working an 8 hour day once a week, they just can't give less than 38 hours and pay them per hour.

JAJ

That is not a good sign.

sonlymewalter

Without having read the whole doc - I read it that an employer has to provide a minimum hourly rate, and has to pay a minimum of 38hrs per week. Anything over this is classed as overtime.

This is a DIAC document which refers to all jobs I think.

sonlymewalter

Under statement of the year JAJ

Like you say, they are taking the piss and it's not a good sign.

paddyo

They have to be paid based on a mininum 38 hour week. So if you was reduced to 4 days instead of 5, as a 457 Visa employee you still have to be paid that mininum salary.

sonlymewalter

Exactly. So it could be 38hrs at minimum wage worked over 2 days, 3 days etc.. basically a minimum 38hrs worth of pay.