Please help- Under paid work issue.

EvilEsky · 04-03-2007, 11:46 PM

Hey all, have a question...

I been working at a local chicken shop for about 2 years now (not on the books) and am getting paid 10 bucks an hr. The fish and chip shop owner, that is next door to my work, said that im getting under paid, and i should ring the wage hotline, and tell them about it and he will have to back pay me. He said that in 2002 the act got redone for payment in a take away shop, and the legal amount for under 18 was $13.67, and seeing im over 18, it should be more then that. That same night, the owner of my shop sacked, me im thinkin that he may have heard the convo and crapped himslef. not sure tho. My questions is, should i try and get some kind of back pay for the 2 years i have been working there even know that im not on the books? is there a way i can get the back pay? or am i just getting stuffed around? has anyone been threw somthing similar that can help me with the finer details or if i will be just waisting my time! thanks for any kind of reply from anyone, any info is good info, thanks! EvilEsky.

holmsy · 05-03-2007, 12:36 AM

cant hurt calling up and seeing if you should be. worse case senario they say no it was legal.

however i think you will find it probably was legal.
im 18 at safeway and on one of the best pays for local supermarkets at 13.26 or some crap (not better than aldi)

i know people at pizza hut and stuff that get less than $8 an hour so be happy :P

but hey allways worthy a shot. give some government place a ring and see how ya go.

Interceptor · 05-03-2007, 12:37 AM

if you werent on the books, i doubt you have much of a chance at getting anything

bonspeed · 05-03-2007, 12:38 AM

10 bucks an hour!!!!!!

Barry_v · 05-03-2007, 12:41 AM

i suppose you've been paying income tax?

cant have it both ways..

Jesk · 05-03-2007, 01:15 AM

Quote:

Originally Posted by Barry_v

i suppose you've been paying income tax?

cant have it both ways..

He's bang on, cos you've been off the books you (and your ex-boss) are best off not admitting straight to the gov about illegal work payment, and from my experience in the fast food industry the miserly $10 per hour isn't too badly off

normxb · 05-03-2007, 01:43 AM

Yep , I'd put it behind you and move on , otherwise you're ex-employer will get busted for paying Cash-in-Hand and you'd be up for unpaid tax + fines, Lose-Lose situation I think .

Any extra money (if any) would be no advantage to you .

Get a Reputable job (on the books) and you're safe .

Just my 2c worth.

**Full Noise** · 05-03-2007, 02:20 AM

Put it down to experience and move on.

lavenlaar · 05-03-2007, 06:45 AM

Evil Esky -

Cause it was cash in hand - you could ring up fair trading and say that you were only getting $10 ph but when they call them - "sorry, nobody work here by that name !" Cash = loss of entitlements

pertuan · 05-03-2007, 06:56 AM

Cash in hand payments means that you lost all your rights as an employee. As others have said, if you weren't paying tax then you would be in for a fine which would mean effectively you worked for less than 10 bucks an hour.

Next time you get a job, make sure that its all in the books. That way you have a leg to stand on when it comes to disputes like this.

goldfire · 05-03-2007, 07:46 AM

depending on if you where part time, 18 years say on grade 2 would be 13.12 or there abouts.

I also work as a manager for a fast food chicken mob and have to alter pays all the time.

However as a previous poster said, if your cash in hand, not including the obvious tax infringments you legally have no rights.

Still try calling tho. least you can get him busted for not witholding tax etc etc.

XR6_661 · 05-03-2007, 08:35 AM

Don't we all get under paid? Hahaha

coupdy do · 05-03-2007, 10:05 AM

Not on the books end of story never work here ......you tax cheat on the dole as well?

brenx · 05-03-2007, 10:47 AM

lol @ topic. If your not paying tax (cash in hand)? Your not entitled to anything as you and your boss are cheating the system.

Get a legitament job and go from there. Then once you have a legitament job the only things you have to make sure of is your employer is paying tax on your behalf and is also paying your super annuation if entitled.

EvilEsky · 05-03-2007, 11:00 AM

Thanks very much for the post's people.

Meh, ill just move on, not worth the hassle.

Thanks again, EvilEsky.

DoreSlamR · 05-03-2007, 12:30 PM

$10 an hour wouldn't put you over the tax free threshold anyway would it? unless you were working lots of hours.

5tumpy · 05-03-2007, 12:39 PM

Quote:

Originally Posted by DoreSlamR

$10 an hour wouldn't put you over the tax free threshold anyway would it? unless you were working lots of hours.

Wouldn't matter, even if you're under the threashold (which is $120-odd week btw.) you still need to be registered with the tax office.

Even if the work was legit, you wouldn't be able to do much about the sacking, as you would have been casual, so they can pretty much terminate your employment for anything... As for the underpayment, what do you expect when you're being paid off the books mate?

DoreSlamR · 05-03-2007, 12:58 PM

yeah thats what i was meaning, he could have been paid on the books and not have been taxed anyway, because of such a low income

Pursuit_chick · 05-03-2007, 09:51 PM

i used to work in a chicken shop in QLD, i was getting underpaid!
apparently it was all legit but i had my doubts!
i was getting a mere $8.40/hr full time (38hrs) when i was 18. ($278 after tax) i was taking home . you cant tell me that that's right! A friend and i who worked there quiered (sp?) it and apparently it was right!
anyway i couldnt do anything about it cause i needed the job to pay off my car etc!
but now have quit there after 5 months, moved to SA, working in another chicken shop
(same franchise) and getting almost double the money for 10 hrs less :-P

b2tf · 05-03-2007, 09:56 PM

Problem is that if its not declared (i.e. on the books), your ex-boss can deny all knowledge of you even working there and get away with it - there's nothing to say you ever worked there.

this is one of the pitfalls of working this way, it does have its good and bad points but this is one of the bad ones, if it turns to crap there isnt much you can do.

im doing removals atm, absolutely hate it but it supplements my normal income and im on about $25 an hour. hard work though.

Turbot · 05-03-2007, 11:46 PM

And I'm guessing that if it was off the books you may have also been collecting unemployment?? If so I deffinatly wouldnt be kicking up a stink.

Ford_Boy · 05-03-2007, 11:57 PM

Quote:

Originally Posted by b2tf

Problem is that if its not declared (i.e. on the books), your ex-boss can deny all knowledge of you even working there and get away with it - there's nothing to say you ever worked there.

this is one of the pitfalls of working this way, it does have its good and bad points but this is one of the bad ones, if it turns to crap there isnt much you can do.

im doing removals atm, absolutely hate it but it supplements my normal income and im on about $25 an hour. hard work though.

I was doing removalist during the holidays but I was with an agency so I was only getting 17 bux an hour. It didnt bother me too much because it was alot more then what I would get at any take away store. I was working with kents alot, real hard work and the hours are so inconsistant. On one occasion I started at 7am and finished at 10:30pm.

DoreSlamR · 05-03-2007, 11:57 PM

Centrelink WILL catch you! haven't you seen their ads??

dan.76 · 06-03-2007, 08:09 AM

yes they are starting to employ people with investigative experience not just public servants. there is a lot of money that the government wants back

JefXR8 · 06-03-2007, 08:22 AM

Havnt read thru all the posts,but if youve been paid cash in hand chances are you have not been paying tax and youll end up getting screwed just as much as he will.
Find a new job or hit him up for more money on the books

4.9 EF Futura · 06-03-2007, 08:39 AM

Quote:

Originally Posted by DoreSlamR

yeah thats what i was meaning, he could have been paid on the books and not have been taxed anyway, because of such a low income

Still superannuation and workcover issues to consider. Even those with an income below the tax free threshold are required to have the superannuation guarantee paid to a complying fund on the employee's behalf!!! And workcover entitlements also important, unless the boss has a few million dollars lying around to self insure it lol.