kingofnowhere Posted March 11, 2015 Share Posted March 11, 2015 Hi, I recently switched employers in AUS and new emplyer filed a new 457 Now the new employer is asking me to sign a agreement saying i should not apply for PR while i work for him. Just want to know if this is allowed or legal? Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted March 11, 2015 Share Posted March 11, 2015 Never heard of that before! Being PR gives you a lot more 'rights' within the workplace - the main one is not being tied or dependent on your employer. I'm guessing he/she wants to keep you obliged to them, which (unless you find someone else to take it over) you will be 100% tied to them while on a 457. If it were me I wouldn't want to sign... and even asking me to sign something like that would reinforce my desire to gain PR (and therefore independence) asap.... Quote Link to comment Share on other sites More sharing options...
DuffieldDownunder Posted March 11, 2015 Share Posted March 11, 2015 If your aim is to get PR then you would be ill advised to sign. Quote Link to comment Share on other sites More sharing options...
kingofnowhere Posted March 11, 2015 Author Share Posted March 11, 2015 Never heard of that before! Being PR gives you a lot more 'rights' within the workplace - the main one is not being tied or dependent on your employer. I'm guessing he/she wants to keep you obliged to them, which (unless you find someone else to take it over) you will be 100% tied to them while on a 457. If it were me I wouldn't want to sign... and even asking me to sign something like that would reinforce my desire to gain PR (and therefore independence) asap.... Thanks, I kind of have same thoughts not signing Will talk to the employer about this clause. Quote Link to comment Share on other sites More sharing options...
kingofnowhere Posted March 11, 2015 Author Share Posted March 11, 2015 If your aim is to get PR then you would be ill advised to sign. ya true not intending to sign, I am gonna talk to them I wanted to make sure if they can even put such a restriction. Quote Link to comment Share on other sites More sharing options...
Alaska Posted March 11, 2015 Share Posted March 11, 2015 It sounds like they are worried that you get PR and then leave. I think you need to reassure them that wouldn't be your intention. My DH's company paid for our PR application and all costs involved but if he leaves within 2 years then we have to pay it back. Not sure if it would be possible to have some kind of deal with your employer? PR is priceless. Quote Link to comment Share on other sites More sharing options...
kingofnowhere Posted March 11, 2015 Author Share Posted March 11, 2015 It sounds like they are worried that you get PR and then leave. I think you need to reassure them that wouldn't be your intention. My DH's company paid for our PR application and all costs involved but if he leaves within 2 years then we have to pay it back. Not sure if it would be possible to have some kind of deal with your employer? PR is priceless. ya their intention is resource retention. planing to talk and workout something. I do want to go ahead with my PR in near future that's y the dilemma. Quote Link to comment Share on other sites More sharing options...
itegoa Posted March 11, 2015 Share Posted March 11, 2015 Why do they plan on doing if they find out that you have applied for PR? Are any fines mentioned in the contract, etc? (whether right or wrong) Quote Link to comment Share on other sites More sharing options...
itegoa Posted March 11, 2015 Share Posted March 11, 2015 Might be worth a read... http://www.immi.gov.au/skilled/skilled-workers/_pdf/457-your-rights-work.pdf Quote Link to comment Share on other sites More sharing options...
kingofnowhere Posted March 11, 2015 Author Share Posted March 11, 2015 (edited) Why do they plan on doing if they find out that you have applied for PR? Are any fines mentioned in the contract, etc? (whether right or wrong) Yes fines up to 5k Aud Might be worth a read... http://www.immi.gov.au/skilled/skilled-workers/_pdf/457-your-rights-work.pdf Went thru the doc guess they can't restrict me this way not to apply PR r levy fines And thanks for the 457 rights link.. It boosted my confidence to put a firm foot forward for this PR condition Edited March 11, 2015 by kingofnowhere Quote Link to comment Share on other sites More sharing options...
itegoa Posted March 11, 2015 Share Posted March 11, 2015 I'd have a word with them, get them to remove the clause. Reassure them that you really want to work for them. You want the PR to protect yourself and your family should anything happen to their business in the future. You could also argue that if you wanted to work elsewhere anyway, you would just apply for PR right now and apply for other jobs - but you're not there to do that. If they fail to see your point of view, they're probably not the type of employer you'd want to work for anyway. Don't be afraid to do what's right for you. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 11, 2015 Share Posted March 11, 2015 I've never come across this before, but I can't imagine they could legally enforce such a clause. You are entitled to resign, to apply for PR, etc. Quote Link to comment Share on other sites More sharing options...
kingofnowhere Posted March 12, 2015 Author Share Posted March 12, 2015 I've never come across this before, but I can't imagine they could legally enforce such a clause. You are entitled to resign, to apply for PR, etc. I'd have a word with them, get them to remove the clause. Reassure them that you really want to work for them. You want the PR to protect yourself and your family should anything happen to their business in the future. You could also argue that if you wanted to work elsewhere anyway, you would just apply for PR right now and apply for other jobs - but you're not there to do that. If they fail to see your point of view, they're probably not the type of employer you'd want to work for anyway. Don't be afraid to do what's right for you. I had a brief discussion today with them, they did say (orally) that this is to prevent resources switching frequently, Though didn't go into legality of the clause, just put other points like i already have my IELTS, and worked with other ex-employer for longer which puts me very close to the required points ext.. ext.. ...and finally they have agreed to remove the clause. Thanks for ur advice, thoughts nd time. Quote Link to comment Share on other sites More sharing options...
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