My client refusing to pay my wages! Help!
Hello
I am an NZ permanent resident but currently living in Berlin. I started working with an NZ based company since 2012.
They started telling me that I am full timer yet they are still making my contract. Each time i ask for it they told me that they are fixing some issues in it. I worked with them 10-6 on a daily basis from 2012-2015 in their offices in NZ. I did not receive my contract and i was paid on a monthly basis after i sent an invoice.
In 2015 I moved to japan but i was still employed by the NZ company , Got paid in Nz and paid my taxes in NZ as an independent contractor. However, I was working in the japanese office from 10-7!
I asked the company multiple times for a contract and to define my relationship with me wether i was a freelancer or contractor and multiple times i was told the contract is being written. Eventually they sent me a Full time employment contract. I sent them few notes that I would like to be changed. We had a discussion about it and they agreed to my points but they never signed.
The reason why it was not signed is due to the fact that I no longer reside in NZ and they are under no legal obligation to give me a full timer's contract. It seems odd to me since I am a permanent residents in NZ. I am working with an NZ company and paying taxes in NZ.
I moved to Berlin this year (3 months ago) during which i was still working with the same company. They have not paid my invoices so I had to leave the company. I gave them the usual 1 month notice and moved on in June. Until now I have not been paid my April invoices. Every time I ask for payment they say end of week and end of month but they wont give me dates.
I am wondering if I can sue based on the following points:
1. I was promised to be a full timer but they never paid my tax, they did not give me paid vacation and they did not pay kiwi saver. If they are not paying my tax does that mean that they are under Tax evasion?
2. Can I sue that based on the fact that i trusted them ( Acted on good faith) and worked with no contract based on verbal agreement?
3. In law if an employee ask for a contract and the employer does not give it to him within 3 days the employer will pay 10k as a fine?
4. what can I do to get the money the company owe me! it is 4 months worth of wages!
if i am not living in NZ, I have no rights!! I get paid in NZ by an NZ company and pay my taxes in NZ!
I really appreciate your help.
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