457 and General employment conditions

[Allie en Urs]

Just wanted to know....

If you are sponsored by a company on a 457, are you protected by the same employment conditions as everyone in OZ, or is it a situation where the employer makes the rules, i.o.w is it a case, of them sponsoring you therefore they own you? !!

I do know that they are required by law to pay you a pre-determined min wage and for the first year you cannot work for another company, but are you still protected by the same employment conditions.

[sa2auz]

Hi there

If you are sponsored by a company they need to meet certain requirements, salary etc. I know tons of people in on Auz on a 457 visa not only from SA but from the all over the world. Everyone except one person I have heard of has been treated fairly and no different from anyone else. You are allowed to remain in Australia as long as you are sponsored so if after 6 months you don't like your company or the position you can move to another company as long as they are prepared to sponsor you. You can also apply for PR if you have enough points while on a 457 visa which will then no longer tie you to the company and you can work for any other company or not work at all. Most companies that are prepared to offer you a job must need you and therefore would not treat you any different.

The only case that I heard that went wrong was a farmer manager who was promised a house and car etc and when he got here he was not happy with the house and there was no car and the salary was minimal etc but I am not sure how and if the sponsorship was approved in the first place.

Good Luck

[Ajay]

Hi,

I handle the 457's for my company, so have a fair amount of knowledge in this area.

In terms of your employment conditions, you are protected by the same laws as anyone else working in Australia.

Obviously, if a company has gone to the expense of sponsoring you (and maybe paying a relocation package), then they will generally have a work-back clause in your contract. However, this should relate to a dollar value and should reduce on a pro-rata basis, in order to be enforceable. In other words, if the cost of your relocation is $5000, then this should be stated in the contract, and your debt to the company should reduce by $417 per month.

There is no minimum service period - I left my original sponsor after 6 months - so you don't have to stay for one year. Where time is relevant is if you want your employer to sponsor your PR application. In order to qualify for this, you need to have been working under your sponsored job code for 24 months, of which the last 12 months need to have been with the sponsoring employer.

Good luck with everything and shout if you have any other questions!

Cheers

Ajay