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耐心看看
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原帖由 sy2009 于 2009-5-6 16:33 发表 
过分的是， 老板请到几乎都是新移民， 利用大家都不熟悉本地法律以及紧张目前的工作，要求越来越过分。其实目前没什么事情可做，却偏偏要去大家一定要6点以后才能离开。并且要求每个人每周主动休一天的no pay leave. ...
请查看 Fair Work Act 2009, Chapter 2 Division 3—Maximum weekly hours
employer can request more than 38 hours if it's reasonable, but employee can aslo refuse to do this if its unreasonable, In determining whether additional hours are reasonable or
unreasonable for the purposes of subsections (1) and (2), the
following must be taken into account:
(a) any risk to employee health and safety from working the
additional hours;
(b) the employee’s personal circumstances, including family
responsibilities;
(c) the needs of the workplace or enterprise in which the
employee is employed;
(d) whether the employee is entitled to receive overtime
payments, penalty rates or other compensation for, or a level
of remuneration that reflects an expectation of, working
additional hours;
(e) any notice given by the employer of any request or
requirement to work the additional hours;
(f) any notice given by the employee of his or her intention to
refuse to work the additional hours;
(g) the usual patterns of work in the industry, or the part of an
industry, in which the employee works;
(h) the nature of the employee’s role, and the employee’s level of
responsibility;
(i) whether the additional hours are in accordance with
averaging terms included under section 63 in a modern award
or enterprise agreement that applies to the employee, or with
an averaging arrangement agreed to by the employer and
employee under section 64;
If the business is quiet, does not require so many hours to work, they can negotiate with employee to change the 5 days to 4 days to go through bad times,but should still be temporily arrangement till business gets better. when say temporily, in contract, it should state this as 6months, then review the status. Nowdays, some companies do it, it's better to make people redundent, sometimes laid off package cost more than keeping people. HOwever, your employer, in another hand to increase one more hour in the other four days, what is his ground to make this decision? That's a bit contradictionary if he said it's busy, need extra hour to cope with it.
He needs to provide good reason, definetely you can question this. Ask him questions, and get answers in writing, then you can do some research, the more you know, the better to protect yourself. There are many official website you can go. e.g. http://www.workplaceauthority.gov.au/. |
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那些决定性的瞬间--- 纪念我的2000-2010 (2014-7-2) 辣椒咖啡 
发表于 2009-5-6 15:38
