RIGHTS AND RESPONSIBILITIES (Chapter 7) Employment is a contract between an employer and an employee. Because it is a contract, employment entails legal rights (entitlements) and responsibilities (obligations) for both parties. Entitlements – what you are allowed to get: wages, RDO’s, sick leave, paid overtime, in-lieu, union support, work place safety structures, and many others Obligations – arrive on time, fulfil your work requirements, work hard, work your allocated hours, respect others, and attend meetings, run meetings and other predetermined objective requirements of your job In addition, workplaces are covered by many other laws, such as laws on equal opportunity, occupational health and safety, and industrial relations. These laws bring more rights and responsibilities into the work force. STIR

SIX RIGHTS OF EMPLOYEES 1. Fair wages and conditions Level of payment and working conditions are laid by the industry award for the job Or an agreement between employer and employee A discrimination free work place. It is unlawful to discriminate on the basis of: SEX Sexual orientation Race Religion Political belief Trade union membership Sexual harassment is also illegal STIR

A healthy and safe work environment Employers are legally bound to provide a safe and healthy workplace Most places by law have a health and safety officer present in the workplace Ongoing training Training should be provided at least to a level of skill to complete the tasks Training may be on or off the job Their must be opportunities for advancement Aust Gov encourages a training culture to upgrade skills to be internationally competitive STIR

5. Protection against unfair dismissal Employees have a right to be dismissed in a fair manner Must be clear reasons for dismissal Employees must receive all entitlements – holiday pay, redundancy packages Adhere to a minimum requirement of notice Employed for less than 1 year – I weeks notice More than one year less than three – 2 weeks notice and so on These laws do not apply to casual workers, probationary or trainee workers STIR

Money saved by employers for employees retirement 6. Superannuation Money saved by employers for employees retirement Compulsory for all employees to pay a percentage of wage earned to an interest bearing account This benefit is not received by all who are entitled to it STIR

These employer rights have become responsibilities for the employee. EMPOYERS’ RIGHTS Employers also have legal rights, some arising directly from the employment contract. These employer rights have become responsibilities for the employee. For example, an employer can expect an employee to do the following: do a fair days work exercise skill and care in carrying out duties commit to training programs and improve work performance observe safety standards STIR

Conflict of varying degrees IS A FACT OF LIFE in most workplaces. WORK PLACE CONFLICT Conflict of varying degrees IS A FACT OF LIFE in most workplaces. Conflict often arises when people in the workplace believe their rights have been breached or ignored. Tension and conflict can occur over the following: pay and working conditions hours of work, leave entitlements, holiday, long service redundancy, retirement and workers compensation physical conditions of work health and safety issues, production methods design and condition of work equipment, and staff amenities STIR

WORK PLACE CONFLICT (CONT) managerial policy management style and authority, victimisation, promotion hiring and firing practices workplace insecurity related to new organisational structures, new technologies loss of status, lack of recognition or unclear work roles workplace stress pressure to complete tasks with limited time or resources personal differences or disagreements due to personality types personal problems or illness external or internal sources, which can enter the work place STIR

What can be done to resolve conflict in the workplace? The best and simplest way is to address and solve the real causes of the conflict. In everyday conflict in the work place the employee should: Play their part in seeking a resolution of the conflict Try to be positive Try to accept other personality types Expect and allow for, emotions and personal feelings in conflict situations Obtain help from other employees in the workplace, including local trade union representatives Obtain advice from the central trade union organisation that covers the workplace STIR

The trade union specifically formed to protect the rights of workers At present they still protect the six rights of employees Unions can provide backing for individuals with conflict issues and difficult situations Trade unions negotiate between employees and employers This gives employees collective bargaining power COLLECTIVE BARGAINING POWER The employer has to negotiate with a group of people not just single out the employee STIR

www.actu.asn.au or www.vthc.org.au There are unions to cover all types of work in Australia Meat worker union – for butchers Shop stewards union – for retail sales assistants Teachers union – teachers Builders union and so on Information can be obtained from www.actu.asn.au or www.vthc.org.au Union membership is a legal RIGHT for all employees It is against the law to prevent an employee from joining the union It is against the law to force employees to join a union Focus questions p 84 Photocopy pp 84 – 86 Student workbook pages 47 – 54 STIR