457 salary requirements

[apj696]

I arrived in Sydney in October with my 457 visa. My work contract says 38 hrs per week with a salary or 55k.

My problem is I'm not always given 38 hrs of work per week, it's more like around 30. I was under the impression that they still have to pay me for 38 as per contract. When I questioned my employer they said that although I'm on a full time contract it just means I get paid for the hours I do plus I get 4 weeks holiday per year, sick leave and super.

Is this correct?

Look forward to any advice,

thanks

[bell123321]

I arrived in Sydney in October with my 457 visa. My work contract says 38 hrs per week with a salary or 55k.

My problem is I'm not always given 38 hrs of work per week, it's more like around 30. I was under the impression that they still have to pay me for 38 as per contract. When I questioned my employer they said that although I'm on a full time contract it just means I get paid for the hours I do plus I get 4 weeks holiday per year, sick leave and super.

Is this correct?

Look forward to any advice,

thanks

 

I do not know the rules on Australian law others will be able to help but I did find this article which may help: http://www.bakermckenzie.com/RRChangesToBusinessImmigrationVisaSchemeOct09/

 

I know in the UK if your contract specifically says you are employed for 38 hours a week and it is not a flexible contract they have to pay you regardless that amount. (Had that in my job where someone was given less hours one week and rightly had to pay them full hours after it was brought up). I also know you need to be paid the market salary on a 457. I am pretty sure they have to pay you what is written in your contract unless its a flexi hours contract. Others will be better to advise.

[Nemesis]

I arrived in Sydney in October with my 457 visa. My work contract says 38 hrs per week with a salary or 55k.

My problem is I'm not always given 38 hrs of work per week, it's more like around 30. I was under the impression that they still have to pay me for 38 as per contract. When I questioned my employer they said that although I'm on a full time contract it just means I get paid for the hours I do plus I get 4 weeks holiday per year, sick leave and super.

Is this correct?

Look forward to any advice,

thanks

Might be worth a chat to an agent. As I understand it a 457 MUST be a full time post and must be paid to the agreed level. The employer might be breaking the rules as many do with 457s.

Get professional advice.

[MaggieMay24]

Double-check how it's written in your contract, but AFAIK a full-time contract means you are employed on a full-time (e.g. 38) hours basis and are paid accordingly. If they aren't paying you the contract rate per the 457 visa agreement, then they are in breach of that which can cause a lot of strife for you since you suffer if the 457 gets cancelled. I'd definitely speak with a migration agent and then, if necessary you'll need to have a discussion with your employer about their legal obligations.

[Raul Senise]

I arrived in Sydney in October with my 457 visa. My work contract says 38 hrs per week with a salary or 55k.

My problem is I'm not always given 38 hrs of work per week, it's more like around 30. I was under the impression that they still have to pay me for 38 as per contract. When I questioned my employer they said that although I'm on a full time contract it just means I get paid for the hours I do plus I get 4 weeks holiday per year, sick leave and super.

Is this correct?

Look forward to any advice,

thanks

Your employer is potentially in breach of their subclass 457 obligations.

 

"If you sponsor someone under a work agreement, you must ensure that the people you sponsor are paid the amount specified in the work agreement."

 

If they were to be monitored they risk being sanctioned.

 

This is not a good situation for you and you should seek to have it rectified immediately.