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Your Basic Entitlements at Work
The latest Australian Bureau of Statistics figures show that the labour force participation rate of young people continues to grow. The percentage of teenage school students (aged 15-19 years) who also work is well over 30% and still growing. In some Australian states and territories it is well over 40%.
Every year, many thousands of young people enter the workforce in their first paid job.
Listed below are some "Summer Holiday Break Job Tips" that the SDA thinks young people should consider:
Before You Get Started
· Ask for an explanation of what the job requirements are. · Ask for details about the Enterprise Agreement, Award or other Industrial Instrument that you are going to be employed under. · Find out what the basis of your employment is: casual, part-time, full-time or trainee. · Find out what classification or grade you will commence on. · Ask what your hourly rate of pay is. · Ask what hours you will be required to work each day and week. · Find out when and how you will get paid. · You are entitled to join a union. It is illegal to victimise an individual who chooses to join and belong to a union. If the potential employer can't or won't give straight forward answers to these basic questions, you ought to consider whether or not it is wise to take up the job offer. If you're not sure, don't sign anything. Get further advice and assistance. On The Job
· All employees, including casuals, have rights to minimum hours of engagement when they are rostered to work. If you are rostered to work and you turn up to do the job, you must get paid. Don't let your employer send you home without paying you. On the other hand, if you can't work your shift, let the employer know in advance so that arrangements can be made to cover for you. · All work done must be paid for. Working off the clock is illegal. Any work done before or after your rostered shift must be paid for. · Take your breaks. You have a right to. Meal breaks (usually unpaid), rest breaks (usually paid) and crib breaks (usually paid for those who work at night or on shifts) are not optional. Our bodies need breaks so we can replenish fluids, eat and relax from the pressures and routines of what we are doing. Working through breaks is wrong and is a breach of your entitlements. · Check your pay slips every pay cycle, normally weekly or fortnightly, to make sure you got paid correctly. Make sure that you got paid the correct hourly rate, any penalties e.g. public holiday penalties, overtime and any relevant allowance, e.g. laundry allowance for washing your uniform. All work must be paid for. Your employer is not permitted to deduct any money from your pay, unless you have agreed in writing or it is required under the law e.g. taxation. If there is an error in your pay, raise it immediately and get it fixed up. If your employer refuses to fix up the error, get further advice and assistance.
· If you are injured at work, make sure that you record the details of the injury in the Injury Report Book that your employer is required to maintain. Don't assume an injury will just correct itself. Some injuries don't become apparent until well after the actual incident and can impact on you for the rest of your life. Workers' Compensation laws operate to protect injured workers. That's what they are there for. · If you are employed as a part-time, full-time or trainee you may be entitled to a number of paid and unpaid leave entitlements. Find out what they are and utilise them as intended. · Employees are required to obey any lawful and reasonable instructions given by the employer. Employers are legally required to exercise a duty of care towards all employees. · Health and safety at work is very important. Workplaces can be potentially very dangerous. It is important that you take workplace health and safety seriously. Be it lifting weights correctly, operating equipment safely, wearing protective clothing or following security procedures, always take it seriously and work safely. · Bullying and harassment including sexual harassment and workplace violence are wrong. They are wrong because they attack and undermine the dignity of the person. All are completely unacceptable and must not be ignored or tolerated.
In all cases bullying, harassment, including sexual harassment and workplace violence are wrong - no exceptions. Matters must be taken up and properly addressed.
· If you have any issues or problems at work take steps to get them sorted out. Most Enterprise Agreements, Awards and other Industrial Instruments contain grievance or dispute procedures. These are designed to bring about the speedy resolution of issues or problems. Employees who experience difficulties in resolving issues or problems should seek further advice and assistance. Finishing Up
· Enterprise Agreements, Awards and other Industrial Instruments detail the amount of notice that employers and employees must give to bring to an end the employment relationship. Notice periods are legally binding on both employers and employees and should be observed. · Casual employees are engaged, and can give notice on an hourly or shift basis. · In certain circumstances, employers have the right to dismiss an employee without notice, e.g. serious and willful misconduct. However, it is important that each person's circumstances be examined individually. If an employee believes that their employer has terminated their services unfairly, even if they were employed on a casual basis, they should seek further advice and assistance. Want to Know More?
The SDA's publication "Know Your Rights at Work" sets out more detailed information about the minimum conditions of employment guaranteed by union collective Agreements, Awards and Acts of Parliament. NSW and ACT Careers Advisors can obtain copies by contacting the SDA Information Centre on 131 SDA (that's 131 732).
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