Legal Framework of Employment the employment contract — common law (rights and obligations of employers and employees), statutes, awards, agreements types

Legal Framework of Employment

• the employment contract — common law (rights and obligations of employers and employees), statutes,

awards, agreements• types of employment contract —

casual/part-time/flexible, permanent, casual

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The Employment Contract

• Is between an employer and employee

• Many of the conditions outlined in the contract are controlled by state and federal laws.

• Outsourcing and increase in self-employment has meant the traditional description of an employee has changed.

• The law regards an employee to be a person who is subject to a contract of service.


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Service contracts

• Contract for service• Service is not ongoing

but for a fixed term.• An agreed fee is

determined and paid.• Examples: Builders,

lawyers and electricians

• Contract of service• Is regular and

continuous.• Insurance and

protection is provided by employer

• Wages and conditions are usually negotiated.


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Just to break things up a bit!


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Duties of Employers

• Duty of care – a legal obligation to provide all of its employees with a safe and healthy workplace.

• Duty to pay agreed wage – the business is legally obliged to pay the employee the correct wage.

• Duty to provide work – employers need to provide a constant source of employment


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Duty of employees

• Duty to obey lawful instructions – an employee is expected to follow the instructions of supervisors and senior management.

• Duty to work with skill – Employees should perform to the best of their ability.

• Duty to disclose relevant information – Medical illness or pre-existing injuries should be disclosed


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Statutes, Awards, Agreements

• Statutes are laws passed by parliament

• Some workplace legislation includes

• Workplace Relations Act 1996 (Cth)

• Industrial relations Act 1996 (NSW)• Occupational Health and Safety Act 2000 (NSW)• Workers Compensation Act 1987 (NSW)• A variety of different anti-discrimination

legislation


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Another little rest!


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Statutes, Awards, Agreements

• An award is a legal document that outlines minimum wages and working conditions for all employees working in a particular industry.

• They apply to all the businesses in that industry.

• They are established through negotiations between dominant employers, employer associations and trade unions.


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Statutes, Awards, AgreementsIn 1991 the Federal Government sought to encourage workplace

agreements.

• Certified agreements, aka enterprise agreements are exclusive to a business and its employees. The agreement must be approved by a majority of staff and no force should be exerted.

• Australian Workplace Agreements (AWA) are negotiated between a workplace and an individual employee. They must meet the no-disadvantage test.


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Types of Employment Contracts

• Part-time

• Permanent

• Casual

• Fixed-Term


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Almost there


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Part-time – A fixed set of hours per week but less than that of a full-time employee. They are entitled to all the benefits of full time staff.

Permanent – A person provided with continuous employment, working 35-40 hrs/wk. They are entitle to 4 weeks leave and 1.1 weeks LSL for each year of service

Casual Employment – employed for a short period of time working 1- 3 shifts. Regularity of employment will be at the employers demand.

Fixed Term Contracts – Used by businesses that require labour for only a specific period of time. The time period and payment are agreed to prior to signing.

Documents

Legal Framework of Employment the employment contract — common law (rights and obligations of employers and employees), statutes, awards, agreements types