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juanefc
Joined: 11 Jul 2008
Posts: 3
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 Posted: Fri Jul 11, 2008 2:59 am Post subject: ReDUCED WAGE. |
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| Can employer reduced the wage of a new employee that will soon travel to NZ to work for the employer even there was a contract signed by both party? Can the employer give the position to another person that will accept the new contract? If the employee did not agree to the new contract, is the employer liable to pay all the damages, incurred by the change? ie. Visa and medical expenses of the employee etc.. |
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levi
Joined: 16 Oct 2006
Posts: 255
Location: Auckland Central, New Zealand
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| Posted: Fri Jul 11, 2008 9:38 am Post subject: Re: ReDUCED WAGE. |
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| juanefc wrote: | | Can employer reduced the wage of a new employee that will soon travel to NZ to work for the employer even there was a contract signed by both party? Can the employer give the position to another person that will accept the new contract? If the employee did not agree to the new contract, is the employer liable to pay all the damages, incurred by the change? ie. Visa and medical expenses of the employee etc.. |
Could you be more specific about your dilema? What is the status of your visa application etc. |
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juanefc
Joined: 11 Jul 2008
Posts: 3
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| Posted: Fri Jul 11, 2008 11:24 am Post subject: Reduced Wage |
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| There was a 2 years contract signed previously that i decided to apply for working visa, documents supported by this company at my expense, and applied also for my 4 dependents. We already have Visas and plane ticket and ready to leave next month when I received an e mail from the employer that they cannot give the previously agreed wage on the contract. The employer wants confirmation if I will accept the new contract or else I will not get the said position and they will offer it to others. I feel that I was cheated and the new contract is not enough to support my family. I am planning to look for another opportunity when we arrived there and talk to the employer and try to resolve the issue between us. Maybe the worsts scenario if we did not resolved the problem, I am planning to seek the help of Employment Relatons and demand for the damages incurred of breaching the contract. Is this possible? What is the best thing to do? Can somebody help me on this? |
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levi
Joined: 16 Oct 2006
Posts: 255
Location: Auckland Central, New Zealand
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| Posted: Fri Jul 11, 2008 12:51 pm Post subject: Re: Reduced Wage |
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| juanefc wrote: | | There was a 2 years contract signed previously that i decided to apply for working visa, documents supported by this company at my expense, and applied also for my 4 dependents. We already have Visas and plane ticket and ready to leave next month when I received an e mail from the employer that they cannot give the previously agreed wage on the contract. The employer wants confirmation if I will accept the new contract or else I will not get the said position and they will offer it to others. I feel that I was cheated and the new contract is not enough to support my family. I am planning to look for another opportunity when we arrived there and talk to the employer and try to resolve the issue between us. Maybe the worsts scenario if we did not resolved the problem, I am planning to seek the help of Employment Relatons and demand for the damages incurred of breaching the contract. Is this possible? What is the best thing to do? Can somebody help me on this? |
I am, honestly, not sure where you would file your complaint. First thing, you are still in the Philippines, and labor cases filed there should involve an employer with a philippine representative. Second, even if you plan to agree to sign this new contract, then any complaints with employment relations would not be given much weight since you agreed to the decreased salary anyway so why complain when you are already in new zealand?
Probably the best thing to do at the moment is talk to your visa officer about your situation, and inisit in meeting with the visa officer personally to air your side. Show them communications between your employer stating that they are decreasing your wages in contravention to what was agreed upon.
You may not be able to get any form of compensation at the moment, but your complaint to new zealand immigration about your current employer could prevent them from employing anybody from overseas ever again (and taking advantage of other people); immigration could probably put them in their black list or something.
Hope this helps and I hope your situation will be resolved amicably. |
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parvo
Joined: 06 Sep 2005
Posts: 26
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| Posted: Fri Sep 12, 2008 5:59 pm Post subject: |
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Hi Juanefc,
I am so sorry for what has happened to you. I dont know the complete details of your situation but basing on what you've posted definitely something is not right. Hope this message is still not late. I suggest you go have a look at NZ's Dep't of Labor website (DOL), NZ immigration and/or Ministry of Justice and inquire about your situation. There are many ways by which you could contact them, it can be via email or ring them via their toll free numbers etc. And remember to always hold on to your documents especially those that has been signed by both parties. If copies need to be sent to the DOL etc. make copies and have it notarized by the lawyer as a copy of the orginal and send only these copies (they are as good as original once notarized) and not the original. I believe you have a strong case based on their legal system here. I hope and pray for a positive outcome...
All the best and God bless...
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wellingtonianbuddy
Joined: 02 May 2008
Posts: 136
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| Posted: Fri Sep 12, 2008 6:10 pm Post subject: |
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hmmmm, have you checked the fine prints of that contract? double check.
i agree that you may have a case when you are already down here.
however, i must remind you that being involved in a legal case is costly and stressful on your part. Add it to the stress of being a migrant fully occupied with a new job and a new environment to settle in.
I really suggest you choose your battles carefully during this transitory stage of your life. |
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