kay1987 Posted March 16, 2015 Share Posted March 16, 2015 Hi all, I have a query that I hope somebody can shed some light on. I am currently on a 457 visa. According to my visa requirement I have to work a minimum of 38 hour per week. I have been working more than 40 hours per week. However, my employer is not paying for my overtime. I have requested them to pay me back the difference. But, they have refused. So, my questions are:- # What can i do in this situation? # Is it not a legal requirement to be paid for the overtime? (As minimum annual salary is $53,900 for 52 weeks at 38hours per week.) # What rate should overtime be paid at? (for 457 visa holders) # Is there any legal action that I can take? Thanks in advance. Link to comment Share on other sites More sharing options...
Bungo Posted March 16, 2015 Share Posted March 16, 2015 What type of work do you do? What does your contract say about overtime? In many corporate orgnaisations, overtime is never paid. I would not consider this a visa issue, just an employment one. Immigration do not have rules around overtime rates, they just have the minimum salary requirements. Link to comment Share on other sites More sharing options...
Alaska Posted March 16, 2015 Share Posted March 16, 2015 Does your contract say "reasonable additional overtime" or something similar? That seems to be the way that they get out of overtime pay regularly. Link to comment Share on other sites More sharing options...
kay1987 Posted March 16, 2015 Author Share Posted March 16, 2015 Hi Bungo and Alaska, Thanks for your reply. I work in the hospitality industry. My contract states that approved overtime will be paid at penalty rate defined by award. Link to comment Share on other sites More sharing options...
blossom Posted March 16, 2015 Share Posted March 16, 2015 Hi Bungo and Alaska,Thanks for your reply. I work in the hospitality industry. My contract states that approved overtime will be paid at penalty rate defined by award. Then that's what they should be paying you. Your visa doesn't change anything here, this is an employment issue. Tell them you will only do your contracted hours if they are not paying you. Fair work Australia would be the people to report pay issues to. Link to comment Share on other sites More sharing options...
engaus Posted March 16, 2015 Share Posted March 16, 2015 Might also help if you look up your award online to show them what the rate is. Link to comment Share on other sites More sharing options...
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