All That You Need To Know About Employment Law

Employment law is not just a single law, something that most people believe it to be. In actuality, it is a complete system that was set up to help protect employees from employers by creating laws and standards of treatment that have to respected and followed by employers. This includes providing different types of benefits, such as health care insurance to not only the employees, but also their families. This system also prevents employers from discriminating towards any employee, in terms of religion, race, gender, disability and sexual orientation.

Employment law has become a very important part of the judiciary system because it helps to protect the most basic of human rights in the place of employment. There are plenty of other essential topics that this law covers. It is also and more commonly referred to as the Labor Law and it refers to the obligations and rights of the employee and employer, which are usually voiced through a contract between the two parties. However, this law should not be considered to be solely in the advantage of the employees, because in reality, some experts actually claim that the current Labor Law gives too much power and authority to the employers. For example, the current law gives the employers the full authority to fire any employee for whatever reason, as long as it is not breaking the law.

However, there is a lot of positive things about the law, such as the standards that employers have to meet, for example making sure the workplace is completely healthy and safe. In addition, employers cannot take advantage of their employees in any way, or the employee has full authority to complain to authorities, such as forcing them to work overtime, without compensating them accordingly. The law actually covers two different types of protection laws. The first one is the collective labor laws, which are agreed upon between the workers union and the employers. This covers union strikes and picketing in the workplace environment. The other type of law is the individual labor laws that are either requirements by the state or federal government, such as working hours, minimum wage and safety.

The 21st century doesn’t allow employers to treat their employees any way they please, something that was very common only a couple of decades ago, and still is very common in third world countries. It was never in anyone’s mind that law and order would take such a strong stance on employment, especially since what history has taught us.

But thanks to some great minds that set us along the right way, we have been able to grow as both a country and as humans. Employment Law ensures that employers are no longer treated like animals and forced to work for close to nothing and in terrible and unhealthy conditions. In addition, as time passes, the labor laws will only start to get better and more in touch with what the employees and employers both feel is best for the growth of the overall economy of the country.

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National Employment Laws in Australia employment laws

Whether you are an employer or an employee, you need to comply with the employment laws in your country. Organizations and corporations are much more likely to employ an employment lawyers who can help them with concocting internal human resources policies that will be inline with current laws.

The task is little more challenging for small businesses who employ other people, however, an employment solicitors from a law firm can always be engaged to assist and formulate the internal policies.

The real challenge starts when you are an employee, the task of understanding what contract, award or other employment law you fall under is a daunting one. Once you find out what category you belong to, you can then start to understand what your rights as well as obligations are under the given law.

Luckily for Australian workers and the companies alike, from January 1, 2010, both employers and employees are covered by the new laws in the national workplace system. This law is called National Employment Standards (NES).

What this industrial labor law deals with is minimum entitlements to sick, personal and annual leave, public holidays, redundancy pay and unfair dismissal and notice of termination matters. Since Australian government’s own website states that ‘in addition to the NES, employees terms and conditions at the workplace could come from a modern award, agreement, pre modern award and state and federal laws’, let’s see what those National Employment Standards entail in reality.

What are the National Employment Standards?

There are 10 core points in regard to employment laws in Australia, known as 10 National Employment Standards. Let’s cut to the chase and list those 10 standards with a brief description of each.

1. Maximum amount of weekly hours – what is this number you may ask; it is 38, with a reasonable extra hours.

2. Personal or carer’s leave – Australian employees are entitled to 10 days of what’s commonly known as sick leave. Doctor certificate may be requested by the employer for this. This is paid leave.

3. Flexible workplace arrangements – this only applies to carers or parents of preschool children or children and teenagers under the age of 18 who have the disability.

4. Parental leave – this allows new or otherwise parents to take up to 12 months of time off related to parenting.

5. Annual leave – most Australian workers receive 4 weeks paid leave every year with exception of some shift workers who receive 5 weeks.

6. Long service leave – This generally means that any employee who’s worked for the same company for over 10 years gets around 8 weeks of paid leave.

7. Community service leave – This includes unpaid leave to volunteer or up to 10 days of paid jury duty leave.

8. Redundancy pay and notice of termination – In general terms, this obligates an employer to give 4 weeks of notice to the worker prior to redundancy or other termination and up to 16 weeks of redundancy pay, depending on the length of service.

9. Statement and provision of Fair work Information – What this basically means is that employers need to make new employees aware of their rights through Fair Work act and the national employment laws, in Australia’s case – National Employment Standards (NES)

10. Public holidays – Paid time off during Australian public holidays

National Employment Laws in Australia