Employee For An Employer example essay topic
An individual employer gets no say in an award once it has been put in place. The award is designed to protect the rights of employees. The system of awards developed from the English system in the 19th century when protection against employers who would do the wrong thing by employees when exploited workers are being paid a very low wage and are expected to work long hours. An Award wage is in place to protect you as employees from being paid less that of what is required. Awards set out the minimum wage and conditions of employment for specific employees.
These awards can include things such as the minimum rates of pay and allowances, overtime, shift penalty and other penalty rates, how If the many hours of work are required and leave provisions such as sick leave or personal leave. The protection for employees given by awards is good, but it is not always a strong form of protection when put to work. Employees might find that their employer is underpaying them. In other words the employer is paying them less than they are entitled to under the ward which is illegal. Though many employees are often unwilling to do anything about it because they think if they do complain their employer will make it harder for them at work or find a way to get them dismissed which is no exception. The employers also have many rights just as you the employee does.
Some of the employers rights include. Paying the correct wages and deducting tax from employee's wages, Contributing to the employee's superannuation. The superannuation guarantee has been in place since 1st of July 1992 and it requires employers to provide sufficient superannuation support for their employees. Employers are legally allowed to deduct 9% of an employees wage each pay and deposit this into a superannuation fund for you the employee. A choice of superannuation fund will apply from July 1 2005. This allows a choice of superannuation to provide certain employees with the right to choose the superannuation fund or retirement savings account that they will receive.
Paying an insurance premium in case the employee is injured at work is also an obligation to every employer as well as paying payroll tax, though depending on how many people the company employs It is a criminal offence under the federal tax law not to make the proper deductions. Employers who do not pay the insurance premiums for workers compensation can face very heavy fines. Employers may also be required to make other deductions from your wages. It is fact that all employers must provide all equipment and tools as well as training on how to use these. If the employer does not provide all equipment that is expected to be used by their employer the employee can dispute this by taking action to either their union or the employer. A main obligation to an employer is vicarious liability.
Your employer is legally liable for the acts / actions of which you, the employee take. This is known as vicarious liability. This means that employers should take great care when selecting staff but more importantly training staff. In every workplace it is required that you know how to do your job and that you are shown the correct procedures on how to do basic tasks such as lift heavy boxes and ways to avoid injury. If the employer does not do this they could be liable to pay for the damage you have caused your self to pay compensation. If this occurs once in court it will be decided weather the employee who caused them self's the injury as long as they were acting within there working obligations and duties you have the right to be compensated.
The workplace health and safety act 1995 (QLD) requires employers to provide a safe working environment. If employers do not provide a satisfactory working environment section 28 of the legislation requires employers to ensure the safety of each employee and to make sure that the safety of others is not affected. An employee is hired by an employer and is defined to perform a specific job. The rights of employers are a lot greater than the employer. Employees also have obligations under employment laws. They are to obey the lawful and reasonable instructions of the employer, to take care in the way that they work and to do it competently, to account to the employer for all money and property received while employed.
As well to receive regular income while absent from work and suitable medical treatment and rehabilitation assistance if needed. You as the employee are to be faithful to the employers interest for example, by not passing onto a competitor information about the employers business. When an employee accepts a specific offer of employment whether it be in written or oral form, a contract of employment has taken place. The employer offers to hire you the employee to perform work, under a contract of service, and the you as the employee agree in return for payment for the work done. Employment conditions such as protection from unfair dismissal, annual leave, long service leave, parental leave are regulated by legislation. There are many employment factors deciding whether a person is an employee or not.
These factors are Control, regular payment, equipment provided and responsibility for completing work. Control is where the employer controls what you as the employee will do whilst at work. They can demand that you be at work for a certain time and can demand that you dress in a certain way in according with there business. Secondly you are paid according to the time you spend at work at an hourly rate rather than by how many customers you get in one day. It is essential that the equipment is provided for you to use. You are not responsible for using your own equipment.
Fourthly when in a contract of employment you are responsible for your own work to be completed. All of these factors that I have explained indicated that you are an employee for an employer and you are in a contractual agreement between one another..