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Entitlement for Redundancy
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According to NSW employment Act, if an employee is made redundant, she/he is entitled to be paid the followings:
1 Severance Pay (楼主的case,你可以有4 weeks severance pay)
There is a minimum scale of severance payments in most awards which is identical to that provided by the Employment Protection Act 1982. The Act applies to all permanent employees under NSW awards who work for an employer with more than 15 employees. Employers with less than 15 employees are exempt from these provisions.Where awards and agreements contain redundancy provisions that provide particular entitlements that are more favourable to employees, the award provisions will apply over these particular entitlements.
Period of continuous service Number of weeks’ pay
Less than 1 year Nil
1 year and less than 2 years 4
2 years and less than 3 years 6
3 years and less than 4 years 7
4 years and less than 5 years 8
5 years and less than 6 years 10
6 years and less than 7 years 11
7 years and less than 8 years 13
8 years and less than 9 years 14
9 years and less than 10 years 16
10 years and over 12
Employers and employees should note that:
Severance payments reduce after 10 years to take account of long service leave entitlements;
The definition of a week’s pay excludes overtime, penalty rates, allowances, bonuses and any other similar ancillary payments;
Severance payments may not be applicable during a transmission of business if the employee’s employment continues with the new owner, who recognises prior service; and the calculation of the number of employees includes each casual and part time employee.
2 Payment in lieu of notice ((楼主的case,你可以有至少2weeks的notice in lieu,这还要看你的contract,如果你的contract说是1 months or 4 weeks, 要以contract 为主,这个条例只是最低要求。灵位,楼主要注意,假设你通常工作38hrs per week,如果你的合同写的是4 weeks notice periodwhich you should be paid 152 hrs for notice payment, if your contract says 1 month, it means you should be paid 164.67 hrs, check careful when you receive the final pay calculation
The period of notice depends on how long an employee has been employed.
The Industrial Relations Act 1999 (PDF, 1.9MB) specifies the following minimum notice periods to be given by an employer to an employee. If an employee is covered by an award or agreement that provides for notice period less than that contained in the Act, then the notice period prescribed by the Act must be given if that employee is dismissed.
Period of continuous service Notice Period
1 year or less 1 week
More than 1 year but not more than 3 2 weeks
More than 3 years but not more than 5 3 weeks
More than 5 years 4 weeks
If an employee is over 45 and has at least two years continuous service with the employer, the minimum notice period is increased by one week. |
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