What are workers rights? The Fair Work Act 2009.<\/a><\/em> (Cth) has been in effect since January 2010. This Act is applicable to all Australian workplaces. It regulates the employer-employee relationship and stipulates all workers’ rights. This legislation contains the National Employment Standards (NES<\/strong>). These provisions provide general protections, including the rights of casual, full-time and part-time workers, as well as unfair dismissal provisions.<\/p>\n\n\n\n Employers must provide minimum employment rights<\/a> to their employees under the National Employment Standards (NES). These are the NES:<\/p>\n\n\n\n <\/p>\n\n\n\n The NES provides a safety net for employees, and provides a range of worker rights. The NES ensures that employees have the right to work and maintain minimum work conditions. No matter if an employee is working full-time, casually or part-time. Casual employees are not eligible for certain NES benefits.<\/p>\n\n\n\n A contract of employment between an employee and employer does not replace the minimum worker’s rights and entitlements in Australia. A contract cannot be drafted out of law or if an entitlement is less than or exempts the NES.<\/p>\n\n\n\n Take, for example. A full-time employee may agree in their employment contract to receive only five days of personal\/Carer leave per year. Despite what the contract may say, that employee still has the right to 10 days personal\/Carer leave.<\/p>\n\n\n\n The NES states that a full-time employee has the right to 10 days of paid personal\/carer leave each year. If the employment contract provides more benefits or terms for an employee, it is a valid right. These terms and entitlements can be enforced as they exceed the minimum worker’s rights established by the NES.<\/p>\n\n\n\n\n\n We receive a lot of calls about great bosses, but he won’t give me any time off. He does not pay overtime. They won’t tell you how many holidays I am owed and I haven\u2019t taken a vacation in years. He’s great and he’s ripping off you. He is getting the benefit. You have the right to do what is right.<\/p>\n\n\n\n Permanent full-time employees are hired on a permanent basis pursuant to an ongoing employment contract. The NES provides the following minimum conditions for permanent full-time employees:<\/p>\n\n\n\n <\/p>\n\n\n\n <\/p>\n\n\n\n If your employer knowingly defrauds you of your wages or entitlements, it is a crime. If you are not paid according to the NES or the award system, the authorities will take it seriously.<\/p>\n\n\n\n <\/p>\n\n\n\n Part-time employees can also be employed on a regular basis but work less than 38 hours per week. All part-time employees have the same rights and conditions as full-time employees, but their entitlements are usually pro-rated according to how many hours they work each week.<\/p>\n\n\n\n A part-time employee still has the right to four weeks of annual vacation per year under the NES. However, this entitlement is based on the number of hours worked each week. If a part-time employee works 20 hour per week, the annual leave payment will be calculated based on a 20-hour work week and not a 38-hour week.<\/p>\n\n\n\n Casual employees are not guaranteed hours of work and are paid per shift. They do not receive paid leave entitlements for time off work, notice of termination, or any other payments or redundancy compensation.<\/p>\n\n\n\n Casual employees get paid per hour and are compensated based on how many hours they have worked in a week. A casual employee cannot be guaranteed a certain number of hours per week, as an employee on a permanent basis.<\/p>\n\n\n\n Casual employees receive a higher hourly wage because of the nature of casual work. This is called a casual loading. This loading replaces some benefits that part-time and full-time employees receive from their employer. These include paid annual and personal\/carer leave, notice to terminate and compensation for any loss of security in their employment.<\/p>\n\n\n\n Some employees are happy to work for no pay. They are willing to help. Your employer is legally bound to pay you correctly. This article has shown that the employer and employee cannot communicate about this. The employer is responsible for this.<\/p>\n\n\n\n <\/p>\n\n\n\n Below are the minimum conditions for casual employees.<\/p>\n\n\n\n <\/p>\n\n\n\n The Act also guarantees fair working conditions and protections for all employees . Workers are protected from unfair dismissal<\/a>. Permanent employees who feel they were unfairly dismissed can file a claim for unfair dismissal.<\/p>\n\n\n\n If they have been employed by their employer for less than six months, or if their employer qualifies as a Small Business employer. An employer with less than 15 employees is a Small Business Employee for a 12-month period. Employees must also earn less than the threshold for high income or be covered under a modern award, or enterprise agreement.<\/p>\n\n\n\n If casual workers were regularly employed and had a reasonable expectation of continuing work, they can also file a claim for unfair dismissal.<\/p>\n\n\n\n Unfair dismissal applications must be filed within 21 calendar days of the date that the dismissal became effective. If the Commission considers that there were exceptional circumstances, late filing may be allowed. A dismissed employee who files outside of the 21-day deadline will be required to explain the extraordinary circumstances that led to them not filing within the prescribed time.<\/p>\n\n\n\n Workers are also protected from adverse action under the General Protections provisions of the Act. Because of a workplace rights, employers are forbidden from taking adverse action against employees. Because they have exercised their workplace right. Participating in industrial activities protects you from discriminatory treatment that is based on protected attributes or sham arrangements. Dismissal can be one of the adverse actions.<\/p>\n\n\n\n It also includes other actions, such as discriminating against employees, prejudicing them, injuring them in their employment, or prejudicing them.<\/p>\n\n\n\n Although there are no specific criteria for unfair dismissal, employees have to link the exercise of a workplace rights and adverse action. The workplace right (i.e. the adverse action) must have been exercised<\/strong>. complaint).<\/p>\n\n\n\n Are you unsure what to do? What are my rights? Get advice<\/p>\n\n\n\n Workers have protection against their employer coercing or pressing them to take a certain action.<\/p>\n\n\n\n All applications for general protections must filed within 21 days of the date that the dismissal became effective. If the Commission considers that there have been exceptional circumstances, late filing may be allowed. A dismissed employee who files outside of the 21-day deadline will be required to explain the extraordinary circumstances that led to them not filing within the prescribed time.<\/p>\n\n\n\n The workplace must provide protection from discrimination<\/a>. Employers cannot discriminate against employees based on their race, colour, gender, sexual orientation, age or physical disability. Also marital status, family and Carer responsibilities, pregnancy.<\/p>\n\n\n\n Employees are protected against being bullied or harassed at work as part of their workers’ rights. Employees can apply to the Act for bullying prevention if they are bullied at work. Bullying must be stopped by unreasonable and repeated management actions.<\/p>\n\n\n\n When it comes to workers\u2019 rights, these are based on individual circumstances and depend on the term and employment type in which you have been employed. It is important to also consider that a right that is important to one employee may not be important to another. Are you looking for confidential and free advice on your workplace situation? Do you have questions about filing a claim? What are workers’ rights? Call today to find out.<\/p>\n\n\n\n For support or assistance regarding your individual circumstances, get in touch with our team for a confidential and free consultation.<\/p>\n\n\n\n What are your rights as a worker? We answer all of your questions. The Fair Work Act regulates the employer-employee relationship and stipulates all workers’ rights.\u00a0This legislation contains the National Employment Standards (NES).<\/p>\n","protected":false},"author":2,"featured_media":4191,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,7,9],"tags":[],"class_list":["post-4190","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-blog","category-frequently-asked-questions","category-unfair-dismissal-articles"],"featured_image_src":{"landsacpe":["https:\/\/awdr.com.au\/wp-content\/uploads\/2022\/03\/workers-rights-awdr-700x445.jpg",700,445,true],"list":["https:\/\/awdr.com.au\/wp-content\/uploads\/2022\/03\/workers-rights-awdr-463x348.jpg",463,348,true],"medium":["https:\/\/awdr.com.au\/wp-content\/uploads\/2022\/03\/workers-rights-awdr-300x200.jpg",300,200,true],"full":["https:\/\/awdr.com.au\/wp-content\/uploads\/2022\/03\/workers-rights-awdr.jpg",700,467,false]},"yoast_head":"\nContracts of Employment and the NES<\/h2>\n\n\n\n
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Is Your Boss Great, But Not Providing You With Entitlements?<\/h2>\n\n\n\n
Full-Time employees have rights<\/h2>\n\n\n\n
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Written notice<\/h3>\n\n\n\n
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Employers Obligations<\/h3>\n\n\n\n
Redundancy entitlements<\/h2>\n\n\n\n
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Your Part-Time Employees’ Rights<\/h2>\n\n\n\n
The Rights of Casual Employees<\/h2>\n\n\n\n
Minimum Conditions For Casual Employees<\/h3>\n\n\n\n
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Unfair Dismissal<\/h2>\n\n\n\n
![\"Employee](\"https:\/\/awdr.com.au\/wp-content\/uploads\/2022\/01\/Emplyee-Rights-Unfair-Dismissal-Ethics-Legal.jpg\")
<\/figure>\n\n\n\nGeneral Protections<\/h2>\n\n\n\n
Placing undue influence (coercion)<\/h2>\n\n\n\n
![\"Personal](\"https:\/\/awdr.com.au\/wp-content\/uploads\/2022\/02\/Personal-Association-Discrimination-in-Australia.jpg\")
<\/figure>\n\n\n\nDiscrimination at Work<\/h2>\n\n\n\n
Bullying in the Workplace<\/h2>\n\n\n\n
Overall: What are workers rights? <\/h2>\n\n\n\n
![\"workers](\"https:\/\/awdr.com.au\/wp-content\/uploads\/2022\/03\/Workers-Rights-Resources.jpg\")
<\/figure>\n\n\n\nResources & Guides for Employees<\/h2>\n\n\n\n
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