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具体要看雇佣合同:
Actual Employment Agreement
Many of an employee’s entitlements to on-call pay will depend on the employment agreement. The terms of the contract between employer and employee will outline all matters relating to pay. The negotiation process will establish the agreement an employee will come to with their employer. If you are unsure of your rights throughout this process, or when drafting this agreement, it may be advisable that you consult a contract lawyer. Including the appropriate allowances required by law is very important. A factor which may determine some other aspects of your contract are the legal award requirements.
A recent Federal Court of Australia decision held that an employer owed workers time for standing by. Consequently, the actual arrangement between employer and employee is a significant factor when interpreting the employment relationship and conditions.
相关的Fairwork法律:
Employee can reasonably refuse additional hours and right to refusal – s62 FWA
What is reasonable/unreasonable hours – s62(3)
In determining if additional hours are reasonable/unreasonable?
a) Is there any risk to the employee in working additional hours?
b) Are there personal circumstances of the employee at play?
c) What are the needs of the workplace?
D) Whether the employee is entitled to penalty rates for overtime, are they paid or is the employee remunerated at a level that expects some overtime
建议去问个律师把, 不要用employsure!!!
If you say no and they dismiss you, your employer simply cannot change the terms of your employment without consent.. Change of hours and unauthorised variations can be treated as a repudiated contract.
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