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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.

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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

2. A discrimination free work place. It is unlawful to discriminate on the basis of:

SEXSexual orientationRaceReligionPolitical beliefTrade union membershipSexual harassment is also illegal

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3. 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

4. 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

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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

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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

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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

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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 conditionshours of work, leave entitlements, holiday, long service

redundancy, retirement and workers compensation

physical conditions of workhealth and safety issues, production methods

design and condition of work equipment, and staff amenities

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WORK PLACE CONFLICT (CONT)

managerial policymanagement style and authority, victimisation, promotion

hiring and firing practices

workplace insecurityrelated to new organisational structures, new technologies

loss of status, lack of recognition or unclear work roles

workplace stresspressure to complete tasks with limited time or resources

personal differences or disagreementsdue to personality types

personal problems or illnessexternal or internal sources, which can enter the work place

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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

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TRADE UNIONS

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

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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