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Familiar with Australian labor law, work without loss, do not violate the rules

 
[Employment]     14 Aug 2019
If you do not have a good understanding of Australia`s labour law, it is easy to accidentally be treated unfairly! Australia`s labour laws are basically beneficial to vulnerable groups. When you feel unfairly treated, you have a rights complaint to the Fair work Department (Fair Work Ombudsman).
Familiar with Australian labor law, work without loss, do not violate the rules

If you do not have a good understanding of Australia`s labour law, it is easy to accidentally be treated unfairly! Australia`s labour laws are basically beneficial to vulnerable groups. When you feel unfairly treated, you have a rights complaint to the Fair work Department (Fair Work Ombudsman).


Type of work 

The types of work are divided into: full-time (full time), part-time (part time), temporary worker (casual) and contract worker (contract)

Full-time: if you work for a company, five days a week and 7.6 hours a day, and the boss doesn`t say you`re a temp or contract worker, you`re full-time. Full-time employees enjoy all law benefits, including annual leave and sick leave.

Temp: if you work for a company, your working hours are irregular, usually based on the hours and days you do, and you are a temp. Temporary workers do not have annual leave or sick leave, but the minimum salary is higher than full-time and part-time jobs (usually at least 20 per cent).

Contractor: if you work for a company, you sign a contract with that company (half a year or a year), you are a contract worker. Remember, this contract is valid on the basis of compliance with labor law. If that company wants you to work for them for $8 an hour, you sign it, but the $8 an hour clause in that contract is invalid because it doesn`t meet Australia`s minimum salary. Contract workers do not have annual leave or sick leave, but contract workers are usually skilled, so salary is higher than full-time (see you talk to your employer this way).

Part-time: if you work in a company and work regularly, but you work less than 38 hours a week, and the boss doesn`t indicate that you are a temporary worker or a contract worker, then you are part-time. Part-time employees also enjoy all law benefits, including annual leave and sick leave (but based on how long you work).

Example: Lao Wang finds a job in a packaging factory, working five days a week, 7.6 hours a day (sometimes at night), working more than 38 hours a week, while the former boss doesn`t say he`s a temp. Lao Wang is full-time. Xiao Li sits as a waitress in a hotel, working six days a week and four hours a day in the afternoon, because Xiao Li is part-time because he is less than 38 hours a week. Lao Zhang works as a porter, but there is no fixed job. Sometimes when there are more containers, the handling company will ask him to work for a few hours or days. Lao Zhang is a temporary worker. Xiao Zhao is doing computer programming, there is a company to find someone to design a program, and he signed a half-year work contract, Xiao Zhao is a contract worker. Generally speaking, if your employer wants to hire you, he or she should give you a offer letter with all the terms of your benefits. If he doesn`t give you a letter, it means he agrees to use the government standard employment contract.


Minimum salary 

Minimum salary and salary single

From July 1, 2019, the legal minimum salary in Australia is $640.8 a week (before tax) or $19.49 an hour.

The employer must pay you salary at least every month. It is illegal for your boss to pay you once every two months.

According to the labor law promulgated on July 1, 2014, the employer must (MUST), within one working day of paying the employee salary, give the salary to the employee as an electronic document or print the document, and the employer must back up the salary himself.

The following information must be available on the salary sheet:

  • The name of the employer`s company
  • Employer`s Australian business name (Australian Business Number- ABN)
  • The name of the employee
  • Date of payment to salary
  • The date period corresponding to the paid salary
  • The total amount paid, (grossand net amount of pay).
  • Any subsidies, bonuses and annual leave have been accumulated by the employee
  • If the employee is an hourly worker, indicate the salary per hour, the working hours and the total amount calculated
  • If the employee is annual, indicate the total amount paid for this date period.
  • Any deduction, for example.
  • The pension paid by the employer for the employee during this date. To indicate the company name of the employee pension


What you need to know when you`re fired, rights. 

The money you can take when the contract is terminated

Temporary workers are not compensated, but temporary workers must have salary at least 25 per cent higher than the minimum salary.

The amount that a full-time or half-time employee can receive when the contract is terminated includes:

  • Unused annual leave
  • Early notice(conditional, if the boss wants you to leave immediately).
  • Redundant termination fee (redundancy payment) (conditional)
  • Long service leave (conditional, working for at least 7 years in a row for the same employer)
  • The fees indicated in other contracts.


Redundant dismissal of (Redundancy)

Redundant dismissal means that the employer no longer needs your position, so he can tell you to leave, but he may have to lose money. Remember, if your boss fired you in this way, but only a few days later, he hired someone to do the same job. He`s illegal. You can sue him. Also, if there are other positions in the company you can do, but he still fires you, and you can sue him. However, it is best to talk to a labor law lawer before you sue and see how much you are sure to win.

Not all companies have to lose money. If you have more than 15 people in your company, your boss won`t have to lose money.

How much does it cost? If you work for an employer for more than a year but less than two years, you can get a four-week salary. 2 to 3 years: 6 weeks of salary. 3 to 4 years: 7 weeks of salary. 4 to 5 years: 8 weeks of salary. 5 to 6 years: 10 weeks of salary. 6 to 7 years: 11 weeks of salary. 7 to 8 years: 13 weeks of salary. 8 to 9 years: 14 weeks of salary. 9 to 10 years: 16 weeks of salary. For more than 10 years: 12 weeks of salary. Why is it less than 10 years? Because, you can take long service leave!

Also, different states claim different claims. The above is about the federal government rules of Australia (each state must at least comply with this rule). Government, NSW, for example, claims more.

If you are younger than 45 and have worked in this company for one to two years, hire a salary who pays you for four weeks. 2 to 3 years: 7 weeks of salary. 3 to 4 years: 10 weeks of salary. 4 to 5 years: 12 weeks of salary. 5 to 6 years: 14 weeks of salary. For more than 6 years: 14 weeks of salary.

If you are over 45 years old, 1 to 2 years: 5 weeks of salary. 2 to 3 years: 8.75 weeks of salary. 3 to 4 years: 12. 5 weeks of salary. 4 to 5 years: 15 weeks of salary. 5 to 6 years: 17. 5 weeks of salary. For more than 6 years: 20 weeks of salary.

If your company goes bankrupt or bankrupt, the lovely Australian government will pay for your company`s dismissal, but for up to eight weeks.


Make a mistake and fire (Fire).

If you do something you shouldn`t do and make a serious mistake (see above), you may be fired immediately. All you can get is annual leave and long service leave that you haven`t used up (if you work for the employer for at least seven years). I suggest that it is best to maintain a certain friendly relationship with the company and apologize on your own initiative, because you still need this employer to recommend you to (reference). In Australia, referrals are important. If a new company wants to hire you, it will usually check your past experience (especially professional work). If you have worked in a company for a few years and quarreled, your references in this company may not be available. If you don`t know, when you look into your past experience, they even say bad things about you, and you`re done. Therefore, we should try our best to get together and disperse. But I don`t want you to put up with all the bullying. If you fall out because of racial discrimination, you have to sue them.


Notify (Notice ofTermination) in advance

If you are a contract worker, you are not notified in advance. If you make a serious mistake, your boss doesn`t need to give you advance notice. The definition of serious error refers to stealing, deceiving, disobeying the employer`s reasonable instructions to comply with the employment contract (idleness), intentionally making the working environment unsafe or making the employer`s reputation, competitiveness and income lost as a result of certain behaviors that do not conform to the employment contract.

If you work for less than a year in a company and your employer terminates your employment contract, he must notify you a week in advance. If it is more than one year and less than three years, he must notify you two weeks in advance. If it is more than three years and less than five years, he must notify you three weeks in advance. If it is more than five years, he must inform you four weeks in advance. Generally speaking, when you sign a contract with an employer, you can ask him to notify you four weeks in advance (if your skills are what he needs and are not easy to find) no matter how long you do. The most I talked about was three months in advance, and he agreed, but if I was leaving, I had to notify him three months in advance.

Also, government, Australia, takes good care of older people, and if you`re over 45 and have worked for the employer for two years in a row, you have an extra week of advance notice. For example, Lao Wang is 50 years old, worked in a company for six years, and was finally quit by the company. Lao Wang`s boss must notify him five weeks in advance. If the boss wants him to leave right away, he must give Lao Wang the money for the past five weeks. This happens all the time, such as messing with your boss (because he didn`t give him a salary), rise, so he was idle. As soon as the boss looks at it, keeping it is a disaster, so you can leave immediately. I can`t give you the money?

In addition, the employer must give you a written notice, to hand it to you or mail it to you.


Leave (Resign) by yourself

Leaving your job is about the same as firing someone who makes a mistake. All you can get is annual leave and long service leave that you haven`t run out of money (if you work for the employer for at least seven years). Usually your contract requires you to notify your employer four weeks in advance. Frequently asked questions and answers


Can I not pay for the trial (Trial)?

Australian law stipulates that it is illegal for trial workers to pay and not to pay. To put it simply, every hour you do, the employer has to pay you. If someone doesn`t pay in the name of trial work, you can complain directly to (Fair Work Ombudsman), the fair work department, on the grounds of unpaid salary.


Do international students have pension?

If you earn at least $450 a month, your employer will have to pay pension for you. For example, if you work 10 and a half hours a week (2 hours a day), salary is $15 an hour, then you may earn more than $450 a month. Then your employer will have to pay pension for you. You have to provide him with your pension account. If you finish reading and decide to permanently leave Australia, you can withdraw all the money from your pension account called Departing Australia Superannuation Payment, which can apply to the Inland Revenue Department`s website: www.ato.gov.au.


Finally, I would like to tell you a true story that all law-abiding employers should know: at the 2008 Australian Open, a Pakistani student was called as a security guard. The student`s name is FaisalDurrani.. He signed a contract with a foreigner security company, but later he knew he had to work 150 hours, and his salary per hour was $1.26, according to the salary agreed to in the contract. So, after the Australian Open, he asked his boss to give more money. However, the boss said to him, "I had enough of your bullshit. You're nothing but a rat and I sick of it." The international student decided to sue the security company. Finally, the court ruled that the security company must resupply FaisalDurrani $1589.14 and fine $82500. In addition, his boss and another intermediary were fined $19800 and $13200. Most importantly, all the fines are paid to Faisal Durrani! Finally, as long as you pay more than a thousand more yuan, that company has paid more than a hundred thousand more. Why?

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xiao
老板有提前跟我说没有工资,我试工了两个小时,我可要工资
02 Aug 2020 1:09 am