Whether you are a native Australian, anticipating a move to the region, or a foreigner already working there, understanding your employee rights is essential. Employment lawyers can provide fundamental advice on how to negotiate contracts and resolve any disputes that may occur.
Employee Working Rights
In Australia, there are basically three types of employees: full time, casual or part time. Each has the same rights under Australia's Fair Work System.
However, specific employment aspects are determined by working contracts between employers and employees. For example, number of hours worked would be a detail specific to each agreed upon contract.
This is why it is good practice to engage Australian workplace lawyers that focus on advising employees before entering into substantial contracts. Also, these expert attorneys can provide information about typical workplace practices in the region.
For example, casual employee schedules usually vary from week to week. Since sick pay and annual leave is not typically offered, the wages are generally higher than normal for those positions to compensate for that. Independent contractors, however, are not afforded those specific benefits.
Full and part time employees have regular weekly schedules and also receive sick pay and annual leave, based upon an hourly accrual system. The full time employee will usually work at least 38 hour per work week. If there are discrepancies with regard to agreed upon benefits, contact employment lawyers in Australia for advice.
Fair Work Australia (FWA) is the operating authority that is responsible for regulating and evaluating minimum wages for Australia. The regulation is managed by the Minimum Wage Panel (MWP) that annually evaluates Australia's minimum wage.
The FWA stipulates that the minimum pay regulation extends to all employees, whether they are under agreements or contracts (awards). There is a separate minimum wage that is established for each designation.
Workplace lawyers in Australia may be consulted to assist with determining if any violations of minimum wage laws has taken place. If necessary, they can provide advice on how to proceed on a case by case basis on matters concerning:
Competition and Consumer Act (Trade Practices Act)
Restraint of Trade
Public Sector Employment
Breach of Contract
When disputes arise between employees and employers, lawful industrial action may occur. Employees may go on strike or work bans may be imposed. Employers may withhold work and payment from some employees. Workplace lawyers in Australia are experts at negotiating and litigating cases, if necessary. They provide advice in areas such as:
At times, employers may exercise retaliation measures under certain circumstances that could be detrimental to employees. Therefore, it may be necessary for an employee to seek help from employment lawyers with regard to the following issues:
Termination of Employment
Contact Australian employment lawyers to assist with negotiating FWA regulated issues such as wages, working conditions and disputes. They will ensure that your employment contract conforms according to Australian law and help to resolve unlawful employment actions.
This article was provided to you by CRH Lawyers, for more information please visit our website at http://www.crhlaw.com.au/ .
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