Greatwall Posted August 11, 2014 Share Posted August 11, 2014 Hi,I have been working for the company since August 2011 and 18 months on RSMS.my annual salary is $48,000 according to the contract,but I have been paid only $13,000 for the last financial year,they owe me over $50,000 now, they have clear financial issues.I'm still at work doing the right thing to complete 2 year visa obligations, I applied for citizenship as well and it's been 2 months since I have done the test. I'm waiting for my the approval letter from the department. I talked to a migration agent and he reckoned department check with the ATO and holding the confirmation,because of only 13,000 showing in their records, I'm bit worried about that,I just wanna get the citizenship and leave the employer ASAP.i got all my payslips,time sheets and tax papers etc.... 1. What should I do if they decline the citizenship application? 2. When am I able to leave this job? 3. Will that be a problem for the citizenshipIf I leave the job now? PLEASE HELP ME!!! THANKS Link to comment Share on other sites More sharing options...
Pumpkin Posted August 11, 2014 Share Posted August 11, 2014 Do you seriously mean you have been carrying out fulltime employment for this company and they have only paid you $13k? This is illegal, your migration agent is not an employment lawyer but nevertheless they should be very well aware that this is not on. Can you prove you have been working there for the 18 months full time hours and unpaid? If so, I would leave without any further hesitation, only slaves work without pay and slavery is illegal in this country. Link to comment Share on other sites More sharing options...
blossom Posted August 11, 2014 Share Posted August 11, 2014 Report your employer straight away! And stop working for free! As has been pointed out, immigration and the tax office are linked so they will see you haven't been paid at the contracted amount. You need to fix this! Has anyone else not been paid? You need to show evidence that you have been doing everything you can to sort this out. Immigration don't expect you to stay in a job who is breaking the law. I'm so angry on your behalf. Not only have they not paid you, but they could have messed up your citizenship application. Grrrrrr! Link to comment Share on other sites More sharing options...
Greatwall Posted August 11, 2014 Author Share Posted August 11, 2014 Hi,thanks mate,yeah, I can prove that I have been working for them last 18 months, I got all payslips,time sheet and tax papers, I'm waiting for the decision of the department,it shouldn't be too far,then,I leave the job. Link to comment Share on other sites More sharing options...
Greatwall Posted August 11, 2014 Author Share Posted August 11, 2014 Report your employer straight away! And stop working for free! As has been pointed out, immigration and the tax office are linked so they will see you haven't been paid at the contracted amount. You need to fix this! Has anyone else not been paid? You need to show evidence that you have been doing everything you can to sort this out. Immigration don't expect you to stay in a job who is breaking the law. I'm so angry on your behalf. Not only have they not paid you, but they could have messed up your citizenship application. Grrrrrr! Thanks mate,I talked to another migration expert today and she said wait until department's decision,it's been 2 months now since I have done the test,I will receive the decision within next 2 weeks according to her. Yeah,few other local workers haven't been paid and they are long gone. Link to comment Share on other sites More sharing options...
Pumpkin Posted August 11, 2014 Share Posted August 11, 2014 Hi,thanks mate,yeah, I can prove that I have been working for them last 18 months, I got all payslips,time sheet and tax papers, I'm waiting for the decision of the department,it shouldn't be too far,then,I leave the job. You don't need to wait for a decision. You don't need to work for free. I cannot believe a migration agent is suggesting that you have to stick at this. Leave. Leave today. Link to comment Share on other sites More sharing options...
blossom Posted August 11, 2014 Share Posted August 11, 2014 Agreed, if you have not been paid then they are breaking the law and your contract. You don't need to stay. How are they giving you payslips but not paying you? Repost them to Fairwork Australia today! Link to comment Share on other sites More sharing options...
lebourvellec Posted August 11, 2014 Share Posted August 11, 2014 Take all your payslips, contract proof not been paid ie bank statements head straight to FairWork. As for visa obligations - immigration are not going to take any action against you. Link to comment Share on other sites More sharing options...
Greatwall Posted August 12, 2014 Author Share Posted August 12, 2014 Agreed, if you have not been paid then they are breaking the law and your contract. You don't need to stay. How are they giving you payslips but not paying you? Repost them to Fairwork Australia today! Last month I got $ 500 nd calculated rate was 2.80 per hour, now I know where I am nd what I can do,thank you so much, Link to comment Share on other sites More sharing options...
Greatwall Posted August 12, 2014 Author Share Posted August 12, 2014 Take all your payslips, contract proof not been paid ie bank statements head straight to FairWork. As for visa obligations - immigration are not going to take any action against you. Thanks mate,yeah,I got everything ready by now,lucky they sent me all my outstanding pay details. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 12, 2014 Share Posted August 12, 2014 If you've got pay slips at $2.80 per hour, I'd show those to Fairwork since that's way below minimum wage and your contract. Link to comment Share on other sites More sharing options...
Greatwall Posted August 12, 2014 Author Share Posted August 12, 2014 Agreed, if you have not been paid then they are breaking the law and your contract. You don't need to stay. How are they giving you payslips but not paying you? Repost them to Fairwork Australia today! Hi mate,do I have to notify DIAC before I leave? Link to comment Share on other sites More sharing options...
blossom Posted August 12, 2014 Share Posted August 12, 2014 Hi mate,do I have to notify DIAC before I leave? I would start the process with fair work, then write to immigration telling them what has happened in as much detail as possible. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 12, 2014 Share Posted August 12, 2014 I agree with Blossom - start with Fairwork to lodge a complaint and begin the paperwork that you can then use as back-up when you contact DIBP. Link to comment Share on other sites More sharing options...
Greatwall Posted August 18, 2014 Author Share Posted August 18, 2014 I agree with Blossom - start with Fairwork to lodge a complaint and begin the paperwork that you can then use as back-up when you contact DIBP. I got my application approved,,,,,yahhhhhhhh Link to comment Share on other sites More sharing options...
rammygirl Posted August 18, 2014 Share Posted August 18, 2014 You still need to report the employer though. Other people will end up like you if you don't. Sounds like they are using people on visas so they can threaten to cancel them. not sure if you will ever get your money though. Link to comment Share on other sites More sharing options...
blossom Posted August 18, 2014 Share Posted August 18, 2014 I got my application approved,,,,,yahhhhhhhh You mean your complaint with Fairwork? Link to comment Share on other sites More sharing options...
Pumpkin Posted August 18, 2014 Share Posted August 18, 2014 You mean your complaint with Fairwork? Think he means citizenship application. Link to comment Share on other sites More sharing options...
Greatwall Posted August 18, 2014 Author Share Posted August 18, 2014 You still need to report the employer though. Other people will end up like you if you don't. Sounds like they are using people on visas so they can threaten to cancel them. not sure if you will ever get your money though. Hi mate,I will never let them go,next is fair work,i will keep updating whats happening Link to comment Share on other sites More sharing options...
Greatwall Posted August 18, 2014 Author Share Posted August 18, 2014 Think he means citizenship application. Yeah mate Link to comment Share on other sites More sharing options...
rammygirl Posted August 18, 2014 Share Posted August 18, 2014 Congratulations on the citizenship. Glad to hear you are not going to let the employer get away with such practices. Link to comment Share on other sites More sharing options...
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