今天在NZPA网站上看到有一篇关于中国厨师因为被老板剥削,后该老板被罚款的新闻,内容如下:

  奥克兰当地一家餐馆因剥削一名华人厨师而被罚款近2万元。

  2009年12月,Aaron & Coma Ltd有限公司雇佣了Hulin Chen(陈虎林 译音),根据工作合同,他可以在这里工作3年。

  陈在这家餐馆上班后通过与其他员工聊天得知,他的薪水低于最低法定标准,并且没有任何休息日,他每天要上班10-11小时。

  新西兰的ERA(雇佣关系管理局)说,陈虎林这是第一次在中国以外的地方工作,他有权利按照新西兰的法律获得平等的工资收入待遇。

  当陈虎林与雇主质疑工作薪水标准、以及工作休息时间时,雇主立即中止了与他之前的工作合同,并且威胁要取消他的工作签证,使陈虎林没有工作机会和收入。陈至少超过3次找雇主提出工资支付问题时,但雇主拒绝与他讨论此事。

  因为陈的工作签证只能被限制在Aaron & Coma Ltd公司就职,所以劳动协议被雇主强制解除后,他没办法换其他的工作。ERA在调查期间,他已经买了一张机票返回了中国。

  ERA在调查核实,依法对该餐馆做出处罚决定:责惩该餐馆向陈支付9375元的欠发薪水,并另外支付8000元为赔偿金,同时承担2500元作为陈在本事件中的相关经费。

以下是NZPA上报道的原文:

  An Auckland noodle shop has been ordered to pay almost $20,000 for exploiting a Chinese chef.

  Hulin Chen was employed by Aaron & Coma Limited (ACL) in December 2009 under the terms of a written employment agreement, saying it was for an initial term of three years.

  The company assisted Chen to get the necessary work visa to enter New Zealand from China.

  A month after he began working at ACL's noodle shop in December, he found out through discussions with other employees that he was being paid less than the minimum wage, was not getting any days off and had to work 10 or 11 hours a day.

  The Employment Relationship Authority (ERA) said Chen's job in New Zealand was the first time he travelled outside China, and he was entitled to be treated fairly in accordance with New Zealand's laws.

  But instead he was short paid, worked longer hours than agreed, was not given breaks, was mislead about tax arrangements, and when he challenged these shortcomings, his employment was arbitrarily terminated.

  He was also threatened with removal of his visa and was left without money and a job.

  When he asked on at least three occasions about the long hours and why we was not paid at least minimum wage, his employer refused to discuss the matter.

  It was clear that ACL was not planning to honour the terms of his employment agreement and in these circumstances, Chen's departure resulted from the actions from his employer, the ERA said.

  Chen's work permit only allowed him to work for ACL as a noodle chef, and his request to have it altered was turned down.  

  By the time of the Authority's investigation meeting he had already bought a plane ticket to return to China, where he hoped to find work as a chef.

  The ERA ordered ACL to pay $9375 in lost wages, $8000 as compensation and $2500 as a contribution to his costs.

  大家如果在NZ工作,遇到了不公平待遇时,应该学会保护自己的合法权益,假如遭遇侵害,可以向 Employment Relations Authority 提起申诉。

  请参考我写的另一篇文章:打工法宝: 新西兰劳工部规定的就业权利与义务

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