Industrial Relations Report MERV SALTMARSH IR & HR Manager
Employment Types - Getting it Right
This article will focus on the different employment types of individuals who are employees under the law. It is important to clearly define the employment type of each and every employee that the business employs, as different employment types attract different entitlements. Although the applicable Modern Award will set out the specific rules for categorising full-time, part-time and casual employees in a particular industry, this article will provide you with general guidance and clarify 'workplace myths' that sometimes arise. Full-time Employees A full time employee is a person who is generally employed to work at least thirty-eight (38) hours each week. If an employee works more than thirty eight hours in a week, then usually the employee is entitled to be paid at overtime rates, or to receive paid time off in lieu of overtime payment. An employer is required to either guarantee a full-time employee with at least thirty-eight (38) hours of work each week, or if this is not possible, the employer will still generally need to pay a full-time employee for thirty-eight (38) hours of work. Full-time employees are entitled to the following types of leave each year: • Four (4) weeks of paid annual leave • Ten (10) days of paid personal / carer's leave • Two (2) days of paid compassionate leave for each permissible occasion • Two (2) days of unpaid carer's leave
• Community Service Leave (i.e. jury duty) • Payment for not working on a Public Holiday
Part-time Employees A part time employee is a person who is employed to work less than thirty-eight (38) hours each week on a reasonably predictable basis. There is usually a minimum number of hour per shift that an employer can require a part-time employee to work (generally, it is either a minimum of 3 or 4 hours). Some Modern Awards require an employer to enter into a written agreement with a part-time employee, specifying the following: • the agreed hours to be worked each week, and each day Generally, a change in the hours of work for a part-time employee can only be made by written agreement between the employer and the employee, and changes in the days of work can be made by the employer giving the employee certain notice. Any hours worked in excess of the agreed daily or weekly hours are generally to be paid at overtime rates (or paid time off in lieu of overtime payment). Note that there is no such thing as a 'casual part-time employee', as part-time employment is always 'permanent' in nature. • which days of the week the employee will work • the actual starting and finishing time each day
Part-time employees are entitled to the following types of leave
Time sheet books and crowd control registers are available at special prices to our members: Crowd Control Registers - $20 each Time Sheet Books - $15 each
Please call the office of the Tasmanian Hospitality Association on 6220 7300 or email Will on will@tha.asn.au to place your order.
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enquiries@tha.asn.au 03 6220 7300
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