wage and time records issue...

[bird116]

hi guys,
i applied my application through smc category and presently being accessed by c.o.
Now i have a problem regarding my wage and time records & holiday and leave records when c.o requested them
from my employer.

the issue with the wage and time records is that we don't have a formatted wage and time records template like they mention in employment act
we have a basic time sheets as company is a small business enterprise and am the only employee in my company.

Holiday and time records were calculated and the proper tax is been paid by my employer till now but he say he didn't make documented record as
i didn't complete 12 months of employment with the company.

so even after repeated requests my employer submitted the information which he has with him
1. basic time sheets which we maintain every day which have
i)my name
ii)position
iii)time i started the work and time i left the work
iv) no.of hours i worked
v) i will mention if i take a leave and leave early from my work

my employer will prepare pay slip according to the time sheet records, thats how we keep the record at my workplace.

But the c.o had problem with it as their are no proper documented wage time records and holiday and leave records,
the employment doesn't meet sm.7.20 my c.o sent me a letter to me regarding this issues that it may effect the decision in negative result and need an explanation from me
as a last chance.

i had a discussion with my employer regarding the issue. he explained me that non of this issues are your concerns as i dont have anything to do with it
as iam getting payslip every pay period and pay through bank account only.
Every business has its own way of keeping records of employee as he has all the information the mentioned in employment act wage and time records
but were not documented in a single place like they mentioned in the template he even crosschecked with his accountant he said the same thing it seems.

So what can i do now as my employer already provided the information he has.
he said he can help me by providing a summary of all holidays and leave records i entitle till now in a statement and any other document that might help.

how can i answer my case officer please help me.
Thank you

[l00k]

So how does your employer calculate your pay and tax? Is any software such as MYOB, AcePayroll or Flexitime being used, or just spreadsheet?
The problem with spreadsheet is that you can calculate gross pay, PAYE and take home pay for every pay period, but there is no record of holiday pay balance.
You probably should ask him to make proper documentation and submit along with official files such as IR345 & IR349.

Also by any chance you can ask the accountant to prepare this?

[bird116]

He will calculate depending on time sheets....which is more like a spread sheet.
Yes as you said in payslip it shows gross pay and paye, but no record of holidays and leaves.
He said he can provide that record after I conplete 12 months of employment with the company.

So now if I make him prepare a proper wage and time sheet record template.
Will it help ?

C.O mentioned this as employer doesnot comply with employment law and has history of non compliance.?

What does that mean? Is it gonna be a serious problem?

[l00k]

It looks like your CO is quite serious about this issue.
Yes you can make a record of holiday pay being 8% of the gross pay, but the record keeping requirements go far beyond a simple spreadsheet.
http://employment.govt.nz/er/pay/recordkeeping/
Holiday pay balance must be kept at all times, not just after 12 month of service.

[bird116]

It looks like your CO is quite serious about this issue.
Yes you can make a record of holiday pay being 8% of the gross pay, but the record keeping requirements go far beyond a simple spreadsheet.
http://employment.govt.nz/er/pay/recordkeeping/
Holiday pay balance must be kept at all times, not just after 12 month of service.

Ya even i think the same.
so what if i request my employer to provide a summary of holiday pay that i claim and prepare a proper wage record and provide me.
so that i can submit to co will that help?

as the employer already submitted time sheets and pay slips will it raise doubts that why didn't we provide theses new documents in 1st place.?

[JandM]

I think you have to do what you can, as soon as possible. If asked by the CO, the explanation is as you have said already - the employer hadn't been doing things the official way because he didn't realize he was supposed to, but now he has worked it out. (INZ will probably have seen plenty of stranger things from small companies before.)

I'm sure it is a bit worrying, getting these queries, but what INZ asks for has to be done, even if it's uncomfortable.

[bird116]

I think you have to do what you can, as soon as possible. If asked by the CO, the explanation is as you have said already - the employer hadn't been doing things the official way because he didn't realize he was supposed to, but now he has worked it out. (INZ will probably have seen plenty of stranger things from small companies before.)

I'm sure it is a bit worrying, getting these queries, but what INZ asks for has to be done, even if it's uncomfortable.

ya he enquired with his accountant as well "he said that its his way of maintaining records there is no specific template" it seems

he is saying all the documents he provided are legitimate and he even paid all my holiday pay taxes as well if i need he can give a summary about how many hrs i claim till financial year end.
i thinking of meeting immigration attorney is that ok.

[JandM]

i thinking of meeting immigration attorney is that ok.

Of course it is. It's your application, and you can get whatever advice you feel you need. Only remember, if you employ the lawyer, you must declare that to INZ.