kengkong Posted December 29, 2012 Share Posted December 29, 2012 Hi everyine I really need your help! I have a 457 visa here in NSW. I worked about 1 hours a day, I told my manager that working 14-15 hours a day without pay is too much. I wrote the time I work as a proof. I ask him to hire additional full time employee so we could share the job. He got angry as well as my employer who is overseas he then told me that my employer will cancel my visa. the questions are: 1. what must I do, I've been working 6 months already for 14 hours a day without pay? 2. will my visa be cancelled if I will find another employer? 3. where could I complain about this overtime without pay? and will it affect my future application for permanent residency? Please I really need your Link to comment Share on other sites More sharing options...
kengkong Posted December 29, 2012 Author Share Posted December 29, 2012 I am sorry typo. I work 14 hours a day. Link to comment Share on other sites More sharing options...
Rupert Posted December 29, 2012 Share Posted December 29, 2012 What does your contract say? Whilst 14 hours a day every day certainly seems excessive, it is not that unusual to have to work extra hours without pay. I sometimes work 12 hour days and am not paid any more because of it. So what do you do, what kind of company is it (don't name them) and what does your contract say? What do your colleagues do? What pr visa are you thinking of applying for? Why don't you hurry it up and then you can work where you want. Link to comment Share on other sites More sharing options...
kengkong Posted December 29, 2012 Author Share Posted December 29, 2012 I do dairy farming. I was from New Zealand but I work there10 hours but it is ok. But here in NSW i worked 14-15 hours a day.. in my contract it says 35 to 45 hours a wk but in the actual run I worked 85 hours a wk. when I first came here I was big and look young and now I look older and with white hairs alreday to think I am less than 30 years old... I cannot do that If I applied for PR under RSMS which is more quick approval. I must work at least two years with my employer. I might look that time 50 years old. or worst might lose my health. Link to comment Share on other sites More sharing options...
kengkong Posted December 29, 2012 Author Share Posted December 29, 2012 What does your contract say? Whilst 14 hours a day every day certainly seems excessive, it is not that unusual to have to work extra hours without pay. I sometimes work 12 hour days and am not paid any more because of it. So what do you do, what kind of company is it (don't name them) and what does your contract say? What do your colleagues do? What pr visa are you thinking of applying for? Why don't you hurry it up and then you can work where you want. I do dairy farming. I was from New Zealand but I work there 10 hours but it is ok. But here in NSW i worked 14-15 hours a day.. in my contract it says 35 to 45 hours a wk but in the actual run I worked 85 hours a wk. when I first came here I was big and look young and now I look older and with white hairs alreday to think I am less than 30 years old... I cannot do that If I applied for PR under RSMS which is more quick approval. I must work at least two years with my employer. I might look that time 50 years old. or worst might lose my health. Link to comment Share on other sites More sharing options...
blossom Posted December 29, 2012 Share Posted December 29, 2012 Does your contract state an hourly wage, or just a salary for those amount of hours? It is possible for you to do something about this, but it is possible that you may end up with no visa at the end of it. If you are from New Zealand, aren't there other visas you can go on while you apply for PR? Is there any chance of finding another employer to transfer your 457 to? Link to comment Share on other sites More sharing options...
Kel1 Posted December 29, 2012 Share Posted December 29, 2012 Wow, i would try and transfer your visa to another employer who can take you on if possible. Not worth damaging your health for a job like that. Are you an NZ citizen? I thought they could work in Aus without limits. Good luck, that must be really hard... harsh that employers often take advantage of 457 visa holders with the threat of visa cancellation. Link to comment Share on other sites More sharing options...
kengkong Posted December 29, 2012 Author Share Posted December 29, 2012 Does your contract state an hourly wage, or just a salary for those amount of hours?It is possible for you to do something about this, but it is possible that you may end up with no visa at the end of it. If you are from New Zealand, aren't there other visas you can go on while you apply for PR? Is there any chance of finding another employer to transfer your 457 to? Thanks for the reply. My salary is just a package yearly. and it is stated there that I have to work 8 hours or an extension of two hours. but 14 hours is really not good. No, I am not a kiwi (New zealand citizen) I am from New Zealand with a working visa also. I migrated here looking for a greener pasture and landed in an employer (who is based in new zealand and his business is here in australia) and amanager who maybe wants me dead in the farm. my wife cries most of the day seeing me very exhausted. We are still on the process of finding another employer but unfortunately most of the employers wont take the risk of applying for everything, paying $$$ to the migration agent and etc.... related to Immigration. I thought of that also I might end up no visa and might get deported. Link to comment Share on other sites More sharing options...
kengkong Posted December 29, 2012 Author Share Posted December 29, 2012 Wow, i would try and transfer your visa to another employer who can take you on if possible. Not worth damaging your health for a job like that. Are you an NZ citizen? I thought they could work in Aus without limits. Good luck, that must be really hard... harsh that employers often take advantage of 457 visa holders with the threat of visa cancellation. I am not a New Zealand Citizen. yah true, I feel like they made me slave. I have nothing to do, If I might do something. I might end up with no visa or worst my employer will cancel my visa. might get deported I still have 1 and 4 years old. and if I will fight for my right and report my employer to immigration and tell them that I am not happy with my empployer now... the 28 days will then start... where could I find that ready to nominate sponsor??? employer realy took advanatge of 457 visa holders Link to comment Share on other sites More sharing options...
blossom Posted December 29, 2012 Share Posted December 29, 2012 Transferring a 457 visa is much easier than applying for one in the first place. You could also offer to cover all costs. It would be worth it to be out of that. Link to comment Share on other sites More sharing options...
Rupert Posted December 29, 2012 Share Posted December 29, 2012 I am not a New Zealand Citizen. yah true, I feel like they made me slave. I have nothing to do, If I might do something. I might end up with no visa or worst my employer will cancel my visa. might get deported I still have 1 and 4 years old. and if I will fight for my right and report my employer to immigration and tell them that I am not happy with my empployer now... the 28 days will then start... where could I find that ready to nominate sponsor??? employer realy took advanatge of 457 visa holders You need to put your health first and get out of any situation that you do not like. You are not a slave, you have free will and can take control of any situation you do not like. I am tempted to say that there really is no point arguing it with any authority, because you will only lose your job anyway. So cut your losses and go. Link to comment Share on other sites More sharing options...
Jake max Posted December 29, 2012 Share Posted December 29, 2012 Rupert is right life is far to short there will always be other opertunitys your health must come first If all else fails go home if possible Link to comment Share on other sites More sharing options...
lebourvellec Posted December 29, 2012 Share Posted December 29, 2012 Maybe you should speak through your options with a Registered Migration Agent. 2. If you find another employer your 457 could be transfered. 3. You could speak to Fair Work regarding your employer, this wont affect PR, as long as you dont break the current conditions of your visa. http://www.immi.gov.au/skilled/skilled-workers/sbs/obligations-employer.htm Link to comment Share on other sites More sharing options...
kengkong Posted December 30, 2012 Author Share Posted December 30, 2012 Transferring a 457 visa is much easier than applying for one in the first place. You could also offer to cover all costs. It would be worth it to be out of that. thanks of the advise... In some way, i htought of it. offering the new employer of I will pay the charges tha losing my health. still got wee ones. thanks much mate Link to comment Share on other sites More sharing options...
kengkong Posted December 30, 2012 Author Share Posted December 30, 2012 Transferring a 457 visa is much easier than applying for one in the first place. You could also offer to cover all costs. It would be worth it to be out of that. yah true...thanks for that mate. it is really hard to have 457 visa than transferring to another employer with 457 visa. thanks again mate Link to comment Share on other sites More sharing options...
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