Im the main visa holder of a 3 year essential skill work visa. My husband is currently working as a panel beater on an
panel beater on an open working visa. ( Top 6 on NZ shortage list). ive currently been working for 2 months but feel like my employers are taking full advantage , im working more then 40 hours every week. (mostly 46 hours a week). Yes my contract does say " Hours of work 40 hours per week. Roster to be setup in advanced which are mutually agreed upon. You will also be required to work additional hours which are reasonably necessary to fullfil the requirements of your duties, or as reasonably required by your employer"But i do not get paid for more then 40 hours a week. on my payslip it has 39.5 hours on it. Im physically working and doing so much.
I do not work at home as I only get home at 8 30 some nights. I do get messages from them saying i have not replied on messages on facebook regarding clients etc.I have told them im have alot to do ( teach swimming classes 3.5 hours a day .. admin ... social media advertising ... creating a teachers course ... setting up meetings.. on top of that cleaning like vacuuming and mopping everyday ). I think they expect me to work when im home as well.Im physically exhausted and drained. I do not want to lose my visa as i worked hard to get here . Is it any possible way for us to get the visa on my husbands name the main applicant? he does not have 3 years experience only just over one hes currently doing his apprenticeship through MITO .it is not easy to find a full-time job in the swimming industry but if i have an open visa its easier for me to find a part-time job .Please can you give me advice. It will really be appreciated
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Jessica
Consultant
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
Chris The Lawyer, Expert
If your contract says that you are to work 39.5 hours, then any time beyond that should be paid. If they are asking you to work more than 39.5 hours, you are entitled to say to them that you cannot do so because it is too tiring and because you are not getting paid for the extra time. If you cannot complete your tasks within the time, then they need to either provide further resources or pay you for that. But you would need to find another job to then apply to change your visa to an open visa, and once you have another job offer see if the immigration department will allow you to change
Chris The Lawyer, Expert
That does not mean you have to work additional hours, but you should be paid for any additional hours. You need to have a discussion with your supervisor to explain the problems that you feel you are being exploited because you are not paid for more than 40 hours. You can ask immigration to see if they will agree to your husband becoming the principal applicant. It is possible, but you should be aware that immigration are hopelessly overworked at the moment, and you won't get a quick reply
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