Do you know your entitlements as work?
In an ever-changing political environment it is hard to keep track of your entitlements at work. In NSW a person’s work conditions are set out by the relevant award or by the agreement or contract entered into between the employer and the employee. There are a set of standards however that set out the minimum working conditions that must be afforded to workers working in the private sector.
The National Employment Standards set out the following:
- Maximum weekly work hours – 38 per week plus reasonable additional hours
- Requests for flexible working arrangements – allows parents/carers of children under school age or with a disability to request work arrangements that fit in with the child’s care
- Parental leave – up to 12 months unpaid leave for new parents
- Annual leave – 4 weeks of paid annual leave per year (for full-time employees)
- Personal/compassionate leave – 10 days paid personal/carer’s leave (for full-time employees)
- Community service leave – unpaid leave for voluntary emergency activities
- Long service leave
- Public holidays – a paid day off on national and state public holidays
- Notice of termination – up to 4 weeks notice of termination and in some cases redundancy pay
- Provision of a Fair Work Information Statement – this should be provided to all new employees.
Ending Your Employment
One of the most commonly misunderstood areas of work place law is who and why someone’s employment can be terminated.
Both an employee and an employer can terminate someone’s employment if the employee resigns or an employment contract has reached its set termination date.
Other reasons why an employer can terminate your employment include:
- Poor or unsatisfactory work performance
- On medical grounds i.e. if you can no longer perform your duties
- Serious misconduct
- Redundancy , or in other words a downturn or change in the business that means your particular role no longer exists
If you have questions about your employment there are some excellent resources available online at www.fairwork.gov.au and www.industrialrelations.nsw.gov.au.
