SwissinOz

Hello Everyone, Im new to BritishExpats

I have been granted PR last month (121 Sponsored),
Now my employer is not paying me as mentioned in the employment contract, which is less than the minimum salary required by DIAC and especially for living normally.

His answer to this situation is that I have to do extra work (quotes, meeting costumer instead of him after working hours etc.) and that I have to train an apprentice. Then I would be paid the minimum salary.

What I earn now is almost same as what I use to get when I completed my apprenticeship 7 years ago!!

I am also using one of his company's car and I have to pay 100% of the fuel.
The only thing I am not paying for is the car service.
On top of that when there is no work for an entire week he refuses to pay me, I don't understand because he is the one not providing me work so...

I don't know what to do to change this situation, It was so hard and costly to get this visa that I am afraid to do the wrong move and ruin everything.
Should I just keep my fist clenched in my pocket and after my moral obligation to work for him a while ends change employer??

Any advice would be great

newjersey

Hi, no advice here, but this has been discussed on here a few times recently, so someone will be along with more than just my condolences. I asked mods to move it to the main Australia board, since this is not quite an immigration issue, you will get better discussion there. Good luck.

Bermudashorts

There is no minimum salary on the PR employer sponsored visa, so you have no comeback there specifically. However if you are not happy with your conditions the answer is very easy IMHO - leave.

You could of course leave and then make a case with Fairwork Australia, but if it were me, I probably would not bother. Just go.

Amazulu

Tell him to shove his job - you've got PR and can work for any company.

Bix

There is a minimum wage under the ENS (121) visa which is covered here:-
http://www.comlaw.gov.au/Details/F2011L01228

This is from the DIAC website:-

Minimum salary level

For a position to be considered for ENS, it must meet minimum salary levels. These levels are subject to change. Updated figures are published annually in a Gazette Notice.
The minimum salary levels are for gross annual salary and must not include:

• accommodation or rental assistance, board, upkeep, meals or entertainment
• incentives, bonuses or commissions
• shares or bonus shares
• travel, holidays, health care or insurance
• vehicles or vehicle allowances
• communications packages
• Living-Away-from-Home-Allowance
• superannuation contributions (either voluntary employee or compulsory employer contributions)
• any other non-salary benefits not included in the above, with the exception of Medicare rebates.

Employers can offer any of these benefits to employees provided they are above and beyond the minimum salary.

So no vehicle allowance etc can reduce your wage and I would suggest to meet his committment he must pay you even if there is no work.
The ENS is a sponsored visa which gives you PR status immediately and commits the employer to providing you with 3 years employment. From what I can see there is nothing in the visa requiring you to honour the 3 years.

If that is correct you are free to leave at any time.....except that you probably have a personal common law contract with the company so you need to check carefully what penalties there might be in there.

It is because of that risk that I would be reluctant to just leave. It may be better to go to DIAC to report the breeches or the FWO.
Make notes and document everything you can.

Evelin

as others said, report it to DIAC. I have done it for 2 girls who were underpaid (temp visa) and DIAC or FAIRtrade responded immidiately. the employer had to pay back what what they were entitled to according to law and their contract. However, both had finished working for the company by then.

hoofie2002

Regardless of your visa type you are also protected by employment laws. If he will not pay you what is in the contract then you can take action. Don't just walk out of the job - take action first.

Contact Fairwork Australia and get them involved.

SwissinOz

Thank you very much everyone for your advices and opinions
It's quite helpful, to have a good forum like this^^