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你的这些问题都不是简单一句两句话可以回答的,而且具体的情况会有很大的不同
1)termination pay的问题,要看你指的是什么termination reason,最复杂的是redanduncy, 我以前的帖子讲过好多次了,摘要如下:
Entitlement when employee is redundant
According to NSW employment Act, if an employee is made redundant, she/he is entitled to be paid the followings:
1 Redundancy pay
The purpose of redundancy pay (also called 'severance pay') is to compensate an employee whose job has become redundant for things such as lost personal leave (including sick and carer's leave) and long service leave, as well as for the inconvenience and hardship imposed on the employee. This may include compensating for things such as loss of seniority, loss of security of employment and other kinds of losses.
Tax rate for redundancy
Any payments made which are employer employment termination payments and meet the conditions for payments under an approved early retirement scheme or redundancies are tax-free up to the limit for that year. That limit, which is indexed annually, is $8806 plus 4404 for each whole year of completed service (part years don’t count) with that employer, for payments made during the 2012/13 financial year.
The NES sets out the minimum amount of redundancy pay to be paid to an employee who is made redundant-
Period of continuous service Weeks
Less than 1 year Nil
1 year (less than 2 years) 4
2 years (less than 3 years) 6
3 years (less than 4 years) 7
4 years (less than 5 years) 8
5 years (less than 6 years) 10
6 years (less than 7 years) 11
7 years (less than 8 years) 13
8 years (less than 9 years) 14
9 years (less than 10 years) 16
10 years and over 12
However, the length of service of an employee is calculated from 1 January 2010, unless the employee had an existing right to redundancy before 1 January 2010.
Example- John commenced worked for Acme Tools in June 2006. He was not covered by an award or an industrial agreement. His contract did not give him a right to redundancy payments. He is therefore only entitled to redundancy pay from 1 January 2010. John is made redundant by Acme in August 2012. , He receives 6 weeks redundancy pay, for the 2 years and 8 months service from 1 January 2010 to August 2012. A contract, company policy, award or industrial agreement may give a greater amount of redundancy pay.
2 Payment in lieu of notice
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.
4 Long Service Leave entitlement
Unused Long Service Leave entitlement
An employee who has completed 5 years in NSW and ACT, 7 years in other states of service is entitled to a long service pro rata payment if he or she:
• Resigns as a result of illness, incapacity, domestic or other pressing necessity
• Is dismissed for any reason except serious and wilful misconduct
• Dies
Service requirement for pro-rata
States
5 years ACT NSW
7 years NT QLD SA VIC WA TAS
5 Unused Annual Leave entitlement
On termination of employment, an employee who has been employed for more than one year must be paid any annual leave entitlement not taken. They must also be paid a pro-rata payment for the period from their last anniversary date to the last day of their employment.
你后两个问题,要具体化一些,比如举个例子,你到底想了解那些方面,或者你问题的目的是什么,才能提供更specified and useful answers for you |
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