legal framework of employment the employment contract — common law (rights and obligations of...
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![Page 1: Legal Framework of Employment the employment contract — common law (rights and obligations of employers and employees), statutes, awards, agreements types](https://reader036.vdocument.in/reader036/viewer/2022081504/56649eba5503460f94bc2397/html5/thumbnails/1.jpg)
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.