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Notice Period和Redundancy pay根本是两个东西。裁员的时候,雇主需要提供Notice Period和Redundancy pay,绝不是说提供了Notice Period就可以不给Redundancy pay。
至于少于15人的公司裁员,fairwork的原文是Some small businesses don’t have to pay redundancy pay when making an employee redundant.,也就说,只是部分行业不需要支付redundancy pay。如果有疑问可以联系fairwork。具体的原文和链接都列在下面了。
Employers have to give at least the minimum notice and redundancy entitlements set out below.
An award can say that employees get more notice and redundancy than these minimums. Use our Notice and Redundancy Calculator to work out if your award has more generous entitlements.
Period of continuous service Redundancy pay
At least 1 year but less than 2 years 4 weeks
At least 2 years but less than 3 years 6 weeks
At least 3 years but less than 4 years 7 weeks
At least 4 years but less than 5 years 8 weeks
At least 5 years but less than 6 years 10 weeks
At least 6 years but less than 7 years 11 weeks
At least 7 years but less than 8 years 13 weeks
At least 8 years but less than 9 years 14 weeks
At least 9 years but less than 10 years 16 weeks
At least 10 years 12 weeks
Redundancy pay is paid at the employee's base pay rate for their ordinary hours of work, but doesn't include:
incentive-based payments and bonuses
loadings
monetary allowances
overtime or penalty rates
any other separately identifiable amounts.
Any outstanding entitlements also need to be paid out – including annual leave and long service leave that the employee hasn't taken.
Notice periods
An employer has to give the following minimum notice periods when making an employee's job redundant. If the notice period isn't worked, this is paid out as well as the redundancy pay.
Period of continuous service Notice
Less than 1 year 1 week
1 - 3 years 2 weeks
3 -5 years 3 weeks
Over 5 years 4 weeks
Employees over 45 years old who have worked for the employer for at least 2 years get an extra 1 week notice.
If you're covered by a registered agreement, check the terms of your agreement for information. To find a registered agreement, go to the Fair Work Commission website external-icon.png.
https://www.fairwork.gov.au/endi ... itlements#2045-2046
Employees of small businesses
A small business is one that employs fewer than 15 employees. Some small businesses don’t have to pay redundancy pay when making an employee redundant.
To see if small businesses need to pay redundancy pay, select your industry in Redundancy pay and entitlements.
To figure out whether the business is a small business, count all employees employed at the time of the dismissal including:
the employee and any other employees being terminated at that time
regular and systematic casual employees employed by the business at the time of the redundancy (not all casual employees)
employees of associated entities, including those based overseas.
The size of the business is counted the earliest of:
when the employee is told their employment will be terminated, or
when the employee is given their notice of termination.
https://www.fairwork.gov.au/endi ... -get-redundancy-pay
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