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857 visa or slave...

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Guest

hi,

im working on 857 visa......but being treated as salve by senior staff..i m working more than 45 hrs per week ,getting mentally and physically sick..dont know what to do....is there any law against salvery.....??

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Not sure what 857 visa is (sorry!) but when i started my job here in Aus, i get a starter pack with employment/labour laws. Did you get one of those? I do recall it mentioned about hours worked per week, something like that.


309/100 - Submitted and CO assigned 29/11/2010. More info given on 3/12/2010. Medicals requested on 16/12/2010. Went for medicals on 20/12/2010. Granted 30/3/2011. Arrived in Melbourne on May 2011. Second stage submitted end of Oct 2012, PR granted 12/02/2013!

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Guest

857 is RSMS, skilled sponsorship..i did't recieve anything from my employer....may be my emplyer received it and did't pass it on to me..

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If you're having issues with people at work, document everything.

Try to resolve the issue with your employers. If it doesn't work, then go see a registered migration agent to see what the visa situation would be if you quit.

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Guest Irmaal

Are you geting your pay for the overtime? If yes, then you are lucky. I know people on work visas that are working overtime hours without beeing paid. Thats were the real slavery begins.

 

And they can't complain about anything or even start raising any issues about this question, because employer simply can cancel their visa ant thats it-goodbye Australia. People who advice to go to employer and complain about their working hours simply do not understand the situation and the purpose of these employer sponsored visas. These visas are designed to benefit Australian businesses, not their holders.

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..we cant complain..coz this visa is designed to benefit Australian businessess only, and they have right to cancel the visa if something is wrong between both the parties...and one more thing..it sounds holiday to someone to work only 45 hrs p/w where i suppose to work 38 hrs p/w and im not being paid overtime and being misbehaved and mental tourture..yes u r right they dont understand the situation who advice to go and talk to employer..

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Guest Fabian

"And they can't complain about anything or even start raising any issues about this question, because employer simply can cancel their visa ant thats it-goodbye Australia. People who advice to go to employer and complain about their working hours simply do not understand the situation and the purpose of these employer sponsored visas. These visas are designed to benefit Australian businesses, not their holders."

 

Excuse me ?

 

That's probably the biggest pile of rubbish I have seen for long time here at PIO.

 

Same goes for SBN. Where you get that crap from ? Probably your employer is threatening you. We have laws in Australia.

 

Irmaal :

1. Employer CANNOT cancel visa. Where you got that rubbish from ? NO employer in Australia can cancel any visa. Only the Department of Immigration an Citizenship can issue and cancel visas. Nobody cares about the horror stories from the brother or a cousins friend 2 years ago where an employer told him that he will get his visa cancelled because its not true and not possible. A Immigration officer / delegate from the minister of Immigration and Citizenship can cancel your visa. Got it ?

Employer have to report to DIAC when they participate in the 457 program if anything goes wrong but that does NOT mean the visa is cancelled by the employer.

 

But apart from that,

2. Its a PERMANENT visa. They don't have conditions on a 857 visa as its permanent. Do you think employer can cancel a permanent visa in Australia ? Yeah...ok.

Its an employer sponsored visa..yeah. So ? Have a look in the

MIGRATION ACT 1958 - SECT 137Q

 

Cancellation of regional sponsored employment visas Employment does not commence

(1) The Minister may cancel a regional sponsored employment visa held by a person if:

(a) the Minister is satisfied that the person has not commenced the employment referred to in the relevant employer nomination within the period prescribed by the regulations; and

(b) the person does not satisfy the Minister that he or she has made a genuine effort to commence that employment within that period.

Employment terminates within 2 years

(2) The Minister may cancel a regional sponsored employment visa held by a person if:

(a) the Minister is satisfied that:

(i) the person commenced the employment referred to in the relevant employer nomination (whether or not within the period prescribed by the regulations); and

(ii) the employment terminated within the period (the required employment period ) of 2 years starting on the day the person commenced that employment; and

(b) the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period.

Regional sponsored employment visa

(3) In this section:

"regional sponsored employment visa" means a visa of a kind that:

(a) is included in a class of visas that has the words "Employer Nomination" in its title; and

(b) is prescribed by the regulations for the purposes of this definition.

 

 

Does it say anything about an employer can cancel a visa or a permanent residence ? I cant find it. Please quote your source of information Irmaal Because I personally think

You have no clue what you are talking about, but you might be an employer who sponsors migrants and you have that view but thanks for scaring RSMS visa holder here on the forum.

 

 

" Are you geting your pay for the overtime? If yes, then you are lucky. I know people on work visas that are working overtime hours without beeing paid. Thats were the real slavery begins."

 

Yes it is. And guess what ? We have workplace laws in Australia. No, its real. The visa holder can go to Fairwork Australia and lodge a complain about that. And then ? NO, the employer will NOT cancel the visa because no employer can do it.

 

Seriously guys, get proper information before scaring the Permanent residents off.

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Guest

how about if i get citizenship and then leave the employer..can immigration cancel the citizenship ??

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