My employer did not provide me an emoyment contract. What should I do? My employer did not provide me an employment

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Customer: My employer did not provide me an emoyment contract. What should I do? My employer did not provide me an employment contract. What should I do?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I asked her to give me a contract but she never does.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: What do you mean by "at will" employee?
JA: The Employment Lawyer will be able to walk you through that. Anything else you want the Lawyer to know before I connect you?
Customer: If I get paid cash by my employer is there any means that she is paying my tax?
Answered by Chris The Lawyer in 12 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

It is illegal for your employer not to provide a written employment contract. It is also a crime to fail to pay the PAYE, and it is unusual to be paid in cash. You are entitled to know if the proper deductions are being made from your pay. Your employer could be in trouble if this is the case

Customer
I used to work at that bakehouse but due to sexual harrassment by my previous employer's brother, I left the job with nothing but a trauma. My sister, brother and mother still works there at the moment. We were given no employment contracts. My employer did not give us any holiday pays, sicks leaves or basically any benefits of being her employees. She was paying us through cash on some of our hours that we have worked which is $15.045 an hour and the minimum wage that time was $17.90 and some hours at the bank. My mother asked for payslips but the employer never gives us any. What should we do Sir?
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Chris The Lawyer, Expert

How long ago did you leave? If it was more than 90 days ago then you cannot claim a personal grievance but you could make a complaint to a Labour Inspector

You can contact a Labour Inspector by calling MBIE's Labour Contact Centre on 0800 20 90 20.

Customer
I left on 11th of June 2020. I'm in fear of my family losing their jobs as well if the employer finds out that I was the complainant if ever I make a complaint. I'm afraid that she will fire them as they got no contracts. I'm afraid that they will get no help from NZ government if ever the country goes to lockdown again due to Covid. And also I am afraid for my personal safety as my employer's brother did try to rape me. I am kinda lost now.
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Chris The Lawyer, Expert

You need to claim a personal grievance and claim for the rape as well. If your employer fired your family because of this they would be sued and all your family could claim a personal grievance and damages

Customer
I did make an anonymous complaint three days ago to the NZ ministry of bussiness. The inspector said to me that they will make an investigation but there is also a strong possibility that my employer will know who the complainant was which will put my family in jeopardy of losing their job. Does mean that the employer can fire them because I made a complaint against her or does that have another meaning?
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Chris The Lawyer, Expert

That would be unlawful and they could sue the employer and get damages for the bad behaviour of the employer
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