Legal Law

Executive staff – "What exactly does ‘Pay and Conditions’ mean in employment?

A frequently asked question when it comes to personnel management is: “We always hear about following the law in terms of ‘pay and conditions’, but what exactly are ‘pay and conditions’ and where does the law fit in? “

The following is a helpful summary of the main payment areas and terms covered, as well as key points to keep in mind.

PAY – Paying employees covers the following areas:

* Payment of ordinary wages and salaries, as required by the minimum legislative standards, awards, agreements and provisions of individual contracts

* Overtime pay

* Shift loads and assignments

* Other assignments, such as first aid, travel, entertainment

* Salary package: provide other benefits as components of the overall remuneration package

* Income tax deduction from employee pay

* Other pay deductions authorized by employees

* Bonuses, commissions and other incentive payments

* Enforcement of Garnishment Orders: When a court orders deductions from an employee’s wages to the party who obtained the court order

* Provide pay stubs to employees setting out full details of pay and deductions (including taxes)

* Maintenance of payroll records in compliance with the legislation.

CONDITIONS – ‘Conditions’ refers to the conditions of employment and the rights of employees. The extensive areas covered include the following:

* Hours of work: Covers full-time versus part-time employment, casual employment, regular work hours, overtime, non-standard hours (such as weekend or night work or work on holidays), shift work, fixed-term work/fixed project contracts, flexible work hours, scheduled days off, meal breaks, break times, waiting/call-back provisions, travel time to /from jobs.

* Leave: includes annual vacation, personal/caregiver leave, unpaid caregiver leave, humanitarian leave, unpaid parental leave (includes maternity, paternity, and adoption leave), long-service leave, and leave from service in the forces rights, all of which are basic rights that are available to all employees who qualify for them. Other forms of leave that employers often provide to employees include study leave, emergency services leave, cultural/ceremonial leave, and unpaid leave.

* Holidays: employees are entitled to official holidays. If the employer requires them to work those days, they may be entitled to fines and/or other benefits (such as time off instead of a later date).

Key points to remember about payment and conditions

Be proactive: Compliance with the obligations in terms of remuneration, working conditions, conduct and job performance of employees implies, first of all, complying with all applicable legal requirements in these matters. However, it also involves being proactive: providing a supportive workplace and work culture, attracting workers to your company in the first place, encouraging good employees to stay with your organization and acting promptly if problems arise, order to prevent or minimize adverse consequences. .

Be aware of legal obligations: The first step is to be fully aware of all the legal obligations that you must comply with. These cover the following areas: employee pay, working hours, leave entitlements, vacations, working hours, etc. Study the documents that affect these areas (legislation, awards and agreements, individual employment contracts, and organizational policies/procedures) and establish a compliance system that ensures you continue to comply and can be aware of any changes that occur, such as new legislation and jurisprudence.

Policies and procedures: Many aspects of employee conduct and performance are covered by workplace policies and procedures, such as the leave list policy, the work-life balance policy, and the company vehicle policy. company. Prepare policies that cover the various topics of your business, back them up with procedures (which are steps to implement the policies practically), and make sure they are widely publicized, explained to employees, and clearly understood by employees. Many employers refer to these policies and procedures in employment contracts. However, to reduce the risk of a breach of contract claim, you should avoid including them in the terms of the contract. Very small businesses may find putting together a bunch of policies burdensome and unnecessary. However, court cases have held that even the smallest businesses should have policies in place. If you are not sure which policies are appropriate for your business, you should seek advice.

Get Market Rates In Payment: To ensure you remain competitive as an employer, research pay rates and other terms offered by rival companies in your industry or locality. Surveys are commercially available from sources such as employers’ organizations and recruitment agencies/consultants, or you can make informal ‘information sharing’ arrangements with other employers. In return, you must be willing to participate in surveys and provide data on your own organization’s rates and payment terms.

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