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更新:
朋友发给我这些信息,我转发给了payroll要求解释,无奈她休假去了,5周后才回来。
FAIR WORK ACT – SECT 90(2)
If, when the employment of an employee ends, the employee has a period of untaken paid annual leave, the employer must pay the employee the amount that would have been payable to the employee had the employee taken that period of leave.
If the employee takes the leave whilst still employed they get leave loading. Therefore if they get paid out their annual leave on termination they also get paid leave loading, the same that would have been payable to the employee had the employee taken that period of leave
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The Federal Court confirmed this earlier this year in Centennial Northern Mining Services Pty Ltd v Construction, Forestry, Mining and Energy Union [2015] FCA 136.
In Centennial Northern Mining Services Pty Ltd v Construction, Forestry, Mining & Energy Union (No. 2) [2015] FCA 136 (27 February 2015), the Federal Court determined that annual leave payable on termination of employment must be paid at the rate equivalent to the amount the employee would have been paid if they had taken annual leave during their employment. This means that, where applicable, payments such as annual leave loading should be included in termination pay calculations. |
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