Australia
There are no official subcategories of Workers. However, Workers may be engaged as "casual" meaning there is no commitment to provide work or a continued pattern of work. Casual Workers have different statutory entitlements.
Fixed term contracts are rare in Australia, but they are permitted and are restricted in duration to two years if permissible. Ending a fixed-term agreement before its expiration is considered a bread of the contract. It is more common to execute a "Maximum Term" agreement, where the arrangement expires at the end of the term but may be terminated by either party during the term. Maximum term agreements are also subject to statutory restrictions.
Companies determine whether to include probationary period in their employment contracts and set the length of that period. Probationary periods generally range from 3 to 6 months, but in some cases, can be up to 1 year for more senior positions.
In Australia, Workers recognize 7 national paid public holidays in addition to any holidays declared in the applicable state or territory. Workers’ entitlements on those days depend on the law of the state or territory as well as any applicable awards, enterprise agreements, and other registered agreements.
Most Workers receive four weeks of paid vacation per year accrued at a rate based on their ordinary hours of work. Vacation time is accrued per paycheck and if unused, rolls over year to year. Any accrued but unused leave must be paid at the time of termination. Workers may be due additional vacation entitlements based on any applicable awards, enterprise agreements, and other registered agreements.
Most Workers are entitled to 10 days of paid personal/carers leave per year, 2 days of paid compassionate leave per occurrence, and 2 days of unpaid carers leave per occurrence. Workers may be due additional entitlements based on any applicable awards, enterprise agreements, and other registered agreements.
A regular workweek is Monday through Friday, up to 7.6 hours per day and 38 hours per week.
Provisions for overtime or time in lieu are based on the law, modern award, or registered agreement applicable to each Worker.
There are no mandatory bonuses in Australia.
Unless on a fixed term agreement or in cases of serious misconduct, Workers must be given advanced written notice prior to terminations. Under the Fair Work Act, the amount of written notice required depends upon the length of the Worker’s service. Additional requirements may be imposed by any applicable awards, enterprise agreements, and other registered agreements. Client must allow for the legally required notification period or provide the equivalent pay in lieu.
Workers must give Client and/or Contractor two weeks’ notice of termination of their employment unless otherwise agreed by the parties.
If a Worker or group of Workers are let go through no fault of their own (i.e. "redundancy") additional notice and compensation may be due. In some cases, the local labor authorities must be notified.
Although the Fair Work Act outlines employment law, most Workers' entitlements are government by registered agreement (akin to a collective bargaining agreement) or 'Modern Award' (akin to a wage order). Different Modern Awards may apply based on the nature of the work. Within a Modern Award, entitlements may vary based on education level, work experience, or full-time versus part-time or casual status.
Employers must contribute to a Worker's superannuation fund (11.5%).
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