Employer Obligations
Sunday, February 21, 2021
As an employer, you have legal obligations to ensure your employees are paid correctly and receive the right entitlements. If you are employing staff for the first time, consider:
- National Employment Standards – The NES sets out 10 minimum workplace entitlements which apply to all employers and employees in the national workplace relations system from 1st January 2010 (however only certain entitlements apply to casual employees).
- Modern awards are industry or occupation-based minimum employment standards which apply in addition to the National Employment Standards (NES).
- Fair Work Information Statement – All employers covered by the national workplace relations system have an obligation to give each new employee a Fair Work Information Statement (FWIS).
- Fair Work compliance – Unpaid trials, paying in goods rather than money, pressuring employees into agreements or to not exercise their rights, unlawful discrimination and termination, and sham contracting are not acceptable.
Worker Terminations – Employment can end for many reasons such as resignation, dismissal, redundancy, retirement, permanent disability or death. Employers must apply the appropriate process and rules of dismissal, notice and final pay.
- Record-Keeping – Fair Work Ombudsman advises records need to be kept for 7 years; the ATO says 5 years.
