<blockquote rel="prettyme1026">Need some advice on these scenarios:
My husband is in Perth with 457 visa valid for 4 years:
Gusto na nyang lumipat ng employer, dahil grabe na ung kanilang employer, More than a year na nyang tinitiis ung almost everyday na he's working overtime without pay. Minsan papasukin pa cla ng weekends wlang bayad. Pero ang hindi na nya kayang tiisin ung paswelduhin cla 2 times a month. Meaning ang sweldo nila naging half nalang a month. Hayst.
Kung lilipat ba cya ng bagong employer na pwedeng mag sponsor sa kanya, magprovide pa cya ulit ng another sets of requirements? like magpapasa ba cya ulit ng english profiency? Na exempt kc cya sa IELTS.
Cno ba unang kocontakin namin about his situation, ang immi or fairwork? thanks a lot for anyone soonest response....
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Oh, wow... Sis, 457 ako and I'm based in Brisbane.
Una po, tanong ko lang po. Ano po work ni hubby niyo? The reason I asked is so we can actually assess the chances of getting a new employer. Kasi, the first thing to do sa sitwasyon niya ngayon is to get a new employer. AND fast. Really, it is NEVER allowed to work unpaid, nor is it ever legal to work beyond what the contract states.
But we can look at it in a postive way. The fact that he has local experience for almost a year, will not hurt him at all. Makakatulong eto para makahanap siya ng panibagong employer. It will give him the edge from all the others. Kung offshore nga natanggap siya sa trabaho, ngayon pa na may experience na siya. This is certainly not a hopeless situation, one of those challenges lang, ika nga.
Things to do:
Hanap new employer. Urgently. The new employer though must be able to take over the nomination. Ang new job niya dapat is pareho lang, or the same ANZSCO. Kasi yun ang nakasaad dun sa 457 visa niya. If may change, he has to apply for a new visa and cancel the old one.
Hindi na po kailangan ng new IELTS. Parang change-over lang to a new employer.
Sis, this is reportable. This should be filed in writing to both DIAC and Fair Work Ombudsman Australia. In QLD, may anti-discrimination agency eh. I'm not sure about Perth, pero baka meron din. This to me is discriminatory. Actually, report this to as many people as you can. The thing is, the more you make noise, the more you send a message. Also, you can actually file a case. Talk to a solicitor. By law, you are entitled to your superannuation, paid overtime and cannot be forced to work beyond a number of hours. If it were me, I will include moral damages pa.
But you can't do this Sis if walang new employer. So first things first, get a new employer. I know it's probably frustrating. Kaya nga if may chance to file action, mas ok kung they will award compensation for all these. Don't stop at just getting new employer. Work to recover what is rightfully yours.
PM mo sakin email mo and I'll send you po a copy of FairWork Statement. Lahat ng workers meron dapat nito eh. Kahit hindi 457. But in case wala kayo, send ko. Merong hotline and email add/website written and all rights and entitlements.
Goodluck po, balitaan niyo kami. At wag mawawalan ng pag-asa.