ENS 856 - What if the employer does not want to pay the minimum salary

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ENS 856 - What if the employer does not want to pay the minimum salary


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Old 06-30-2010, 07:01 AM
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ENS 856 - What if the employer does not want to pay the minimum salary

Hi ,

I am in a dilemma,

My employer has agreed to give me the ENS sponsorship but I have just been made aware today that the minimum salary under the ENSOL is being increased.

What if my employer does not want to pay me that minimum salary?

Currently my salary is little under the minimum

Any advice?


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Old 06-30-2010, 11:19 AM
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Quote:
Originally Posted by anabel_r12 View Post
Hi ,

I am in a dilemma,

My employer has agreed to give me the ENS sponsorship but I have just been made aware today that the minimum salary under the ENSOL is being increased.

What if my employer does not want to pay me that minimum salary?

Currently my salary is little under the minimum

Any advice?
Seems as though the employer will have to be a little more generous for you to legally be able to offer sponsorship with the required salary.
They ought to be aware of the sponsorship requirements and if not you ought to refer them to the details.
It's right up front on Employee Sponsorship PR first page with the details under eligibility.
If you're hanging out to get the PR this way, perhaps you could do a deal without it being fraudulent, eg. if the ammount is what could be construed as a reasonable annual increase to be expected after a year with the employer, you might suggest that you agree with the employer to have the higher ammount considered as part of any increase they may consider in 12 months time.
By then they may have forgotten about it or you may have even moved on to a new better job but I'd keep that view to yourself.





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Old 07-01-2010, 03:06 AM
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My employer might agree to give me a pay rise to match the minimum salary under ENS, but not just now (maybe by end of the year or early next year). But since the rules are changing constantly I dont want to take the risk to wait another 6 months or so.

So I have been thinking hard and came up with 2 options but dont know how valid they are under immigration laws and ENS.

1. Based on current time frame, ENS can take a minimum of 5 to 6 months to get approved, meaning that will coincide with the time employer will agree to pay me that minimum. but that is solely based on a probability. and I dont want to take that risk and give the employer the impression it has been fooled and trapped if ever the approval comes before that

2. Can a date be specified in the employment contract, when the employer would want to employ me under that new package? In that case, the new package will take effect only when they are ready to pay that amount. But I dont know how immigration department will view that?

Please advice

Thanks


Last edited by anabel_r12; 07-01-2010 at 03:09 AM.

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Old 07-01-2010, 11:35 AM
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Quote:
Originally Posted by anabel_r12 View Post
My employer might agree to give me a pay rise to match the minimum salary under ENS, but not just now (maybe by end of the year or early next year). But since the rules are changing constantly I dont want to take the risk to wait another 6 months or so.

So I have been thinking hard and came up with 2 options but dont know how valid they are under immigration laws and ENS.

1. Based on current time frame, ENS can take a minimum of 5 to 6 months to get approved, meaning that will coincide with the time employer will agree to pay me that minimum. but that is solely based on a probability. and I dont want to take that risk and give the employer the impression it has been fooled and trapped if ever the approval comes before that

2. Can a date be specified in the employment contract, when the employer would want to employ me under that new package? In that case, the new package will take effect only when they are ready to pay that amount. But I dont know how immigration department will view that?

Please advice

Thanks
I'm not too sure about nominating a date in an employment offer but I suppose there's no harm in giving it a fly and at worse Immi might just say what's this about.
There's probably other means for slowing down the process as well, like your part of the application submission.

As for things changing though, yes there has been a fair bit re the other skilled applications area and not so much with Employer Sponsors and I doubt that we'll see too much more in any area for a while.

But if you do not want to mess around with a date [ and if employer is going to use an agent, they ought to be able to advise. ] if you are seen by the employer as being a good employee as much as you are content there, surely they'll appreciate that Immi raise $$$$ ammounts to do with visas as per annual CPI and between the two of you, is it possible to work out a plan.
Like for instance if your salary now is $60,000
Minimum Immi ammount is $63,000
Employer is looking at 5% increments for three years which would mean
Year 1 $60,000
Year 2 $63,000
Year 3 $66,150
So they start you on $63,000
Year 2, you're on $63,000 and for year 3. you go to $63,150
If there's a % increment to apply from Year 3, say another 5% that should be worked from the $66,150 and thus for year 4 you go to about $69,458





Last edited by Wanderer; 07-01-2010 at 11:38 AM.

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