Employee Rights and Representation Flashcards
An employee:
Provides labour or expertise in exchange for wages/ salary
10 minimum entitlements of National employment standards:
- Maximum weekly hours
- Requests for flexible working arrangements
- Parental leave and related entitlements
- Annual leave
- Personal carers leave and compassionate leave
- Community service leave
- Long service leave
- Public holidays
- Notice of termination and redundancy pay
- Fair work information statement
(Pay) - Employees have to be paid right amount of pay for all hours they work including:
- Training
- In team meetings
- Opening and closing the business
- Working unreasonable trial shifts
- Minimum wages
- Paid at least monthly
- Penalty rates
Awards and agreements determine pay
Minimum conditions at work can come from registered agreements, awards and legislation
Registered agreements in place:
Covers the work that the employee does
No registered agreements in place:
Award covers the work that the employee does
Different forms of unpaid work:
- Work experience and internships
- Student placements
Reasons for unpaid work
- Experience in job or industry
- Test a person’s skills
- Volunteer time and effort for not-for-profit organisations
Public holiday
Must be paid at least their base pay rate for all hours worked on a public holiday
Some enterprises can agree on awards for public holidays including:
- Extra pay
- Extra day off or annual leave
- Minimum shift lengths on public holidays
- Agreeing to substitute a public holiday for another day
(Leave) Minimum leave entitlements (National employment standards)
- Annual leave
- Public holidays
- Long service
- Carers
- Compassionate
- Maternal and paternal
Termination of employment (minimum amount of time)
Amount of continuous service: 1 year: 1 week >1 year - 3 years: 2 weeks >3 years - 5 years: 3 weeks >5 years: 4 weeks
Minimum dismissal time does not apply to:
Casual employees, people who are employed for a specific amount of time or task (contract), seasonal employees.
Employee voice (Albert Hirschman)
Attempt to change rather than escape from an objectional state of affairs
Contemporary definition of employee voice:
Variety of processes and structures which enable, and at times, empower employees directly and indirectly to contribute to decision making.
Trade unions:
- Act as collective agents to protect and improve member’s wages and conditions through collective bargaining and other means
- Act as social agents by pursuing objectives that extend beyond workplace and community
- Provide members with a form of indirect employee voice in the workplace