《Employment Hero:澳大利亚人力资源合规基本指南(英文版)(12页).pdf》由会员分享,可在线阅读,更多相关《Employment Hero:澳大利亚人力资源合规基本指南(英文版)(12页).pdf(12页珍藏版)》请在三个皮匠报告上搜索。
1、The essential guide to HR complianceContentsNational employment standards and awards 4Employment contracts 5Workplace policies 6Independent contractors 7Performance management 8About Employment Hero 10Disclaimer:The information in this guide has been prepared by Employment Hero Pty Ltd ABN(11 160 04
2、7 709)(Employment Hero).The views expressed herein are general information only and are provided in good faith to assist employers and their employees.The Information is based on data supplied by third parties.While such data is believed to be accurate,it has not been independently verified and no w
3、arranties are given that it is complete,accurate,up to date or fit for the purpose for which it is required.Employment Hero does not accept responsibility for any inaccuracy in such data.To the maximum extent permitted by law,Employment Hero will not be liable to any party in contract,tort(including
4、 for negligence)or otherwise for any loss or damage arising either directly or indirectly as a result of reliance on,use of or inability to use any information provided in this report.Where liability cannot be excluded by law then,to the extent permissible by law,liability is limited to the resupply
5、 of the information or the reasonable cost of having the information re-supplied.Last reviewed November 2023.Recognise and resolve HR mistakes before they become serious problemsIf youre like most small business owners and managers,you probably wear many hats.Youre across whats going on in the organ
6、isation and you know how all of the functions in the business operate.But something that often falls to the bottom of the to-do list,or worse,placed in the too-hard basket is HR compliance because its easy to get lost in complicated rules and processes.However,to create a winning business culture an
7、d team,you need to be proactive in the area of HR compliance.And this means being able to recognise and resolve HR mistakes before they become serious problems.Use this essential guide to tick the HR compliance tasks off your to-do list before they turn into costly legal claims.The essential guide t
8、o HR compliance|3Modern awards and the National Employment StandardsAwards,together with the National Employment Standards(NES),are an integral part of Australias employment landscape.A modern award is a document which sets out the minimum terms and conditions of employment on top of the National Em
9、ployment Standards.They also provide entitlements to employees including minimum rates of pay,hours of work,rosters,breaks,allowances,penalty rates and overtime.They apply to all employees covered by the national workplace relations system,with more than 100 industry or occupation awards covering pe
10、ople who work in Australia.The Fair Work Find My Award tool helps you find which modern award is suitable for your employees.Modern awards provide minimum wages and conditions for employees,so it is critical for you to identify which particular award applies to your employees.Even if you are paying
11、above award rates,you also need to meet other provisions of the award including providing the correct entitlements in relation to leave,penalty rates and hours of work.Correctly classifying employees is critical for HR compliance.To classify employees,look for an industry award with relevant classif
12、ications.All too often,underpayments and breaches of awards occur simply because employers have referenced the wrong award and/or not aware of the entitlements attached to each award.It never hurts to get a professional opinion in this scenario,even if its just while you are setting up shop.Its bett
13、er to spend some money getting it right from the get-go,rather than lose a huge amount to compensate for getting it wrong later down the track.Complying with the NES and awards The only way of avoiding a huge back pay claim is to know your full obligations up front.This means you need to have a thor
14、ough understanding of the terms and conditions of each of the awards that apply to your business.The most effective way of doing this is to boost your compliance confidence by using powerful HR and payroll software like Employment Hero that is pre-configured to the rule set of the modern awards that
15、 apply to your business.Not only does it ensure youre up to date with current legislation,but it also helps you keep accurate time and wage records.This way you can have more confidence youre doing things correctly.In Australia,the National Employment Standards make up the minimum entitlements for e
16、mployees.Upon starting employment,employers must give all new hires a copy of the Fair Work Information Statement(the FWIS)when they start their new job,as well as a copy of the Casual Employment Information Statement(the CEIS)to casual employees.The 11 minimum NES entitlements include:Maximum weekl
17、y hours Requests for flexible working arrangements Offers and requests to convert from casual to permanent employment Parental leave and related entitlements Annual leave Personal/carers leave,compassionate leave and family and domestic violence leave Community service leave Long service leave Publi
18、c holidays Notice of termination and redundancy pay Fair Work Information Statement(the FWIS)and Casual Employment Information Statement(the CEIS).The essential guide to HR compliance|4Employment contracts While employment contracts can be verbal,youll get into all sorts of trouble if you dont recor
19、d an employees terms and conditions when you hire them.Written employment contracts can help you minimise costly and time-consuming disputes by providing certainty about the legal rights and obligations of both you and your staff.Your legally-binding employment contracts need to include details of t
20、he employees award(if applicable),work hours,leave entitlements,and remuneration.An employment contract should also set out information on termination of employment,the protection of confidential information and intellectual property,as well as post-employment restraints(if applicable).Its also best
21、 practice to include a list of the duties and a job description along with your workplace policies.New employees should sign off on workplace policies as part of their onboarding process.Workplace policiesPolicies are key to developing your business through your people and protecting it against fina
22、ncial risks.A policy is only effective if properly communicated and uniformly enforced to all employees.This means you need to explain the policy and provide training if necessary to ensure your employees understand how to comply with the policy and the consequences if they breach it.Make sure emplo
23、yees sign off on a document acknowledging that they are aware of the policy and understand it completely.Should you wish to terminate an employees employment for breach of workplace policy,its essential that you can show that the employee was aware of the policy and that it was both lawful and reaso
24、nable.Policy checklist Clearly explain the conduct expected of employees,and the consequences of breaching policies.Ensure all employees have easy access to your workplace policies.Regularly audit workplace policies to keep them up to date with relevant laws and other policies and procedures in your
25、 company.As part of your onboarding program,ensure all new hires review and acknowledge their awareness and understanding of your workplace policies.Where appropriate,conduct regular training on appropriate workplace behavior.Every business needs to have clear and easy to understand workplace polici
26、es and procedures in place.They protect your business from a range of situations,whether its social media,inappropriate computer use,discrimination or harassment.Quinns Hero TipStart a free account to access Employment Heros pre-written employment policies.These policies are vetted by legal professi
27、onals and can help you get your business on the right track.The essential guide to HR compliance|6Independent contractors These days many small businesses need to rely on contractors to quickly adapt to changing business conditions.Engaging independent contractors can provide greater flexibility to
28、meet short term changes and increased demand for specific skills.However,while contractors run their own business and provide services to your business,you cant classify a worker as a contractor simply because they have an Australian Business Number(ABN)and they offer specialist skills.This means th
29、at having a worker sign an agreement that states they are not an employee does not necessarily make it so.When it comes to how people perform work in your business,theres two common types of workers that can be easily confused independent contractors and employees and the way they get categorised de
30、pends on the nature of the working relationship.Independent contractors come in handy for small businesses where you rely on outsourcing part of your work.However,simply labelling a worker an independent contractor does not make it so in the eyes of the law.Thats why its important to correctly class
31、ify your employees and independent contractors or you could risk getting caught up in sham contracting.If you misclassify an employee as a contractor,they can claim for unpaid leave entitlements,superannuation,and unfair dismissal.You may also be charged with sham contracting which brings hefty pena
32、lties(with potential personal liability for directors and managers).Independent contractor vs employee checklistThere are some common indicators that can help you in determining whether a person is an employee or an independent contractor.This is a guide provided by Fair Work Australia.IndicatorEmpl
33、oyeeIndependent contractorDegree of control over how work is performedPerforms work,under the direction and control of their employer,on an ongoing basisHas a high level of control in how the work is doneHours of workGenerally works standard or set hours(note:a casual employees hours may vary from w
34、eek to week)Under agreement,decides what hours to work to complete the specific taskExpectation of workUsually has an ongoing expectation of work(note:some employees may be engaged for a specific task or specific period)Usually engaged for a specific taskRiskBears no financial risk(this is the respo
35、nsibility of their employer)Bears the risk for making a profit or loss on each task.Usually bears responsibility and liability for poor work or injury sustained while performing the task.As such,contractors generally have their own insurance policySuperannuationEntitled to have superannuation contri
36、butions paid into a nominated superannuation fund by their employerPays their own superannuation(note:in some circumstances independent contractors may be entitled to be paid superannuation contributions)Tools and equipmentTools and equipment are generally provided by the employer,or a tool allowanc
37、e is providedUses their own tools and equipment(note:alternative arrangements may be made within a contract for services)TaxHas income tax deducted by their employerPays their own tax and GST to the Australian Taxation OfficeMethod of paymentPaid regularly(for example,weekly/fortnightly/monthly)Has
38、obtained an ABN and submits an invoice for work completed or is paid at the end of the contract or projectLeaveEntitled to receive paid leave(for example,annual leave,personal/carers leave,long service leave)or receive a loading in lieu of leave entitlements in the case of casual employeesDoes not r
39、eceive paid leaveThe essential guide to HR compliance|7Performance management Even where you have a valid reason to dismiss an employee,its critically important to follow due process.In performance management,its typically not the facts that matter,but the process.Procedural fairness is fundamental
40、to how the Fair Work Commission makes decisions regarding unfair dismissal cases.If you fail to show you have applied procedural fairness before dismissing an employee,or your performance management process is flawed,it will usually result in a finding that the dismissal was unfair.So,when youre han
41、dling cases of unsatisfactory performance,you must investigate the matter thoroughly and maintain records accordingly.A quick guide to procedural fairness Ask the employee if there is a reason for their poor performance.Provide appropriate and timely warnings in writing.Give the employee adequate ti
42、me to respond and improve their performance via a performance improvement plan.Allow the employee to bring along a support person to meetings.Document the process.What is a performance improvement plan(PIP)?If you have a team member who is falling behind,a performance improvement plan could help the
43、m get back on track.Maybe the quality of their work has taken a tumble or theyre not meeting the basic requirements of their role.A performance improvement plan is designed to identify and work through current performance issues whereby significant improvement is required.The plan clearly outlines t
44、he specific areas of concern,helps to clarify expectations,as well as notes the expected outcomes if the performance benchmarks are or are not met.If the desired outcomes are not met,action in accordance with company policy will be taken.Its a tough scenario for managers and employees to be in,but t
45、here are ways that you can improve the situation.A performance improvement plan is one of the most common tools that employers use to help their team members recover their performance.Below is a performance improvement plan template that can help you bring structure and consistency to this process.T
46、his worksheet is designed to help you and your employee find transparency in the situation,and make an actionable plan to move forward with.The essential guide to HR compliance|8PIP templateName of employee:Name of nominated support person(if applicable):Name of manager:Plan start date:Interim revie
47、w:Plan end date:Description of the underperformance occurringRequired outcomes and areas for improvementStrategies to achieve improvement Support provided to help with performanceClearly state an area the employee needs to significantly improve on.Ensure its specific,measurable and realistic.E.g.rep
48、ly to 30 customer emails per day before 11amClearly outline how the employee will meet and achieve the necessary outcome E.g.Arrive to work at 8.30am and focus on completing customers emails before the delivery truck arrives for pick-ups at 11amClearly outline how you will provide support to your em
49、ployee so they can meet the desired outcome E.g.Your manager will provide additional training and run through how to effectively filter and respond to emailsArea for improvement#1Area for improvement#2Area for improvement#3The essential guide to HR compliance|9Consequences if the performance objecti
50、ves are not metDescribe the consequences if the performance objectives are not met by the plan end date.This may take the form of disciplinary action or another consequence in line with your company policy.Additional comments/notesEmployee name:Employee signature:Manager name:Manager signature:The e
51、ssential guide to HR compliance|10Manage every part of the employee lifecycle with Employment Hero.Employment Hero can help you with every part of the employee lifecycle,from onboarding to offboarding.Its also purpose-built to support employers and their employees,with centralised and cloud-based co
52、ntracts,policies and a communication dashboard.Our advanced tools can help you create better processes,save time and reduce costs.Book a demo with one of our business specialists to learn more.Applicant tracking system Feedback Performance reviews Recognition Employee happiness scores 1:1s Shout Out
53、s(Peer to peer recognition)Learning management system(LMS)Custom surveys Policy templates OKRs(Objectives and Key Results)Letter templates and so much moreFor more information on how we can help transform your business book a demo today.Our features include:The essential guide to HR compliance|11The smarter way to manage people,payroll and productivity.For SMEs with big ambitions.