ALL >> Legal
Archived Articles about Legal
Is Emplyment Agreement Is Important For Employer And Employee? By: Robert Mark
Employment agreement is an important document that creates and regulates the relationship between employer and employee. Employment contract must be clear and concise in all aspects. Law does not say that employment agreement must be in written form but the tribunal, courts prefer the written form of the employment agreement. The employment agreement must describe the nature of the job of the employee.
Australian employment law has been changed since the enforcement of Fair Work Act 2009. It is the duty of the employer that he must incorporate all important provisions of the employment whether the contract is based on common law or on award.
Employment agreement must state that whether the agreement is based on common law or on Far Work Act 2009. Australia law recognises the both types of agreement but it essential that if the contract is based on common law then it must incorporate the provisions of national employment standards (NES).
The principal object of the employment agreement is to explain and define the rights and liabilities of the employer and employee. The employment contract must contain the following important paragraphs (NES) in order to attain recognition under the law. Such as:
• Maximum weekly hours;
• Annual leave;
• Parental leave and related entitlements;
• Requests for flexible working arrangements
• Personal / carer's leave and compassionate leave
• Community service leave
• Long service leave
• Public holidays
• Notice of termination and redundancy pay
• Provision of a Fair Work Information Statement.
Fair work Act applies to every structure of the businesses whether the business is incorporated in Northern Territory, Victoria, and ACT. Fair Work Act 2009 extends to whole Australia.
Employer cannot enforce the employee to work more than 38 hours in a week. However opt out agreement can be made between employer and employee to work more than 38 hours a week.
In Australia, the rate of national minimum wage is $15.51 per hour or $589.30 per week. There are different rates of national minimum wage for junior employee (those are under the age of 16) and for apprentices.
The permanent full-time employees are generally entitled to at least:
• 4 weeks paid annual leave
• 10 days paid personal / carer's leave per year
• 2 days unpaid carer's leave (when needed)
• 2 days paid compassionate leave (when needed)
• 12 months unpaid parental leave (with additional entitlements for some employees).
Under the National employment standards, Employees, including casual employees, are entitled to take leave to carry out certain community service activities such as jury service or voluntary emergency management activity.
Employees have the entitlement to make a complaint to work ombudsman if the employer deprives them from the:
• Pay
• Leave;
• Workplace rights.
Employment contract must not violate the any requirements of the statue. Both employer and employee can sue each other for the damages in case of breach of employment contract.
There are number of situations under which employment contract can be terminated. Such as;
• Fulfilment of the task;
• By operation of law;
• Expiry of the term;
• By mutual consent;
• Dismissal.
Employee must read and understand the each paragraph of the employment agreement. Because once it is signed, it becomes the legal agreement.
Net Lawman provides the following types of employment agreements. Such as:
Employment contract: senior standard
This is a standard, comprehensive employment contract for any senior, full time employee in any line of work. Its suitability for senior employees comes about because of the additional and broader provisions to cover intellectual property matters and other areas where a senior person may have scope to damage the business in the event of a dispute.
Employment contract: casual worker standard
This is a standard, comprehensive employment contract for any casual employee in any line of work.
It does not seek to provide set minimum requirements allowed under any particular Act, but instead, provides a sound contract of employment under the common law system.
Employment contract: fixed term senior staff
This is a standard, comprehensive employment contract for any fixed term, senior employee in any line of work. Its suitability for senior employees comes about because of the additional and broader provisions to cover intellectual property matters and other areas where a senior person may have scope to damage the business in the event of a dispute.
Employment contract: standard
Common law employment contract, suitable for all junior and middle ranking staff in any type and size of business(read entire article)(posted on: 2012-02-06)
View : 249 Times
Understanding A Maryland Bail Bond By: supriyo banerjee
If you or someone you know gets arrested and charged with a crime you may require the services needed to get a Maryland bail bond so you're not stuck sitting in jail until your court date. Know how the process of using a bail bondman works so you're educated about what will happen.(read entire article)(posted on: 2012-02-06)
View : 341 Times
Easy Way To Get Accidental Injury Compensation In Toronto By: Barrows Law
In a city like Toronto, where the cases of road accidents and injury are soaring, getting a Personal Injury Attorney has become indispensable for any citizen.(read entire article)(posted on: 2012-02-06)
View : 262 Times
How Should A Court Reporter Function? By: John Swift
Once you hear the words “court reporter”, what goes through your mind may be “I'm sure something about courts, and cases”. You may also think that it is a person who's silently listening but is taking good notes of the things that can help a court case. In this article, you will learn how a court reporter should function and what they do to contribute to court cases.(read entire article)(posted on: 2012-02-05)
View : 161 Times
Family Law Software Provides Equitable Solutions By: Maria Gini
Family law is complicated across the United States, with each state having its own set of regulations all of which a family law lawyer has to keep in mind when handling family law issues, separation, divorce, child support and spousal support as also property settlement and distribution of assets.(read entire article)(posted on: 2012-02-05)
View : 312 Times
Defective Drug Attorneys And Fraudulent Billing Attorneys - Two Essential Law Fields You Should Lear By: Francesco Capon
Defective drug attorneys and fraudulent billing attorneys are two legal experts that a customer could turn to. This article provides a summary of the legal methods involved in these positions for individuals who might need to find legal actions.(read entire article)(posted on: 2012-02-05)
View : 131 Times
Hire A Criminal Lawyer By: Sukhman Jot
Crimes and criminal offences are on a rise. Accusations in criminal offences can ruin a person's life thereby robbing him or her of mental peace. Accusations if false can be really traumatic. This is because in this case, the person has to suffer without any wrong doing on his part. A family member if accused can take a toll on the family along with the accused. The family does their best to put the best lawyer in the case and get the accused released.(read entire article)(posted on: 2012-02-04)
View : 274 Times
The Many Benefits Of A Bankruptcy Attorney Vancouver Wa By: Tracy Narvaez
One of the biggest mistakes made by individuals and businesses that experience severe financial problems is to think that insolvency will solve all their problems and allow them to continue unmolested.(read entire article)(posted on: 2012-02-04)
View : 665 Times
Medical Malpractice And Tort Reform By: R. Klettke
Political debates, television news, and radio sound bites regarding healthcare and medical malpractice reform commonly use the phrase “tort reform”, but seldom provide any in-depth information about what tort reform is or what it entails.(read entire article)(posted on: 2012-02-03)
View : 357 Times
Farmington Medical Malpractice Lawyer The Legal Advocate That Is On Your Side By: David Paul
Medical malpractice is never a pretty term. In fact, both health care professionals and patients cringe when they hear the word. The reason is simple, medical malpractice is the intentional or unintentional act of negligence that can leave a patient in a terrible situation or worse yet can result in death.(read entire article)(posted on: 2012-02-03)
View : 134 Times