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All workers, no matter where they work, whether they’re full-time part-time or casual, need to know and understand what their employment situation means.
Whether your experience at work is fulfilling or full of problems; whether you are a part-time employee or you are looking for a new casual job, or doing community service, understanding your job capacity is crucial in protecting your entitlements at work.
Depending on your type of employment, your entitlements will be different, so you need to be fully aware of exactly what it means to have casual or part-time employment.
For over 38 years, the PK Simpson law firm has been helping casual and part-time employees get the compensation to which they are entitled
PK Simpson lawyers have the knowledge and expertise to make sure you are successful, whatever your situation may be.
Part-time Workers
Permanent part-time employees are those who work ongoing and regular hours, but not as many hours as a full-time worker does. The terms and conditions that are attached to part-time work are always specified by industrial instruments and include pro rata entitlements, the spread of part-time hours, and the entitlements surrounding overtime.
For over 38 years, the PK Simpson law firm has been helping employees obtain their rights and the compensation or work conditions to which they are entitled
PK Simpson lawyers have the skills and experience to make sure you are successful no matter what your claim may be.
The Criteria For a Part-time Employee
You are deemed to be part-time if you are employed under these circumstances:
- You work fewer than 38 hours each week, and
- You’re a permanent employee (or you have a fixed-term contract)
- You have a regular structure of hours
Entitlements such as sick leave, annual leave and carers leave are granted to part-time employees on a pro-rata basis according to the hours they worked. Also, ongoing employment (or a fixed-term contract) must be guaranteed to part-timers, and to end their employment, they must give notice or be given it in writing.
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We represent anyone who has a viable case, regardless of how large or small the claim, arising from injury, loss or illness suffered as a result of negligence
Permanent Part-time Benefits
The benefits of permanent part-time employment includes guaranteed ongoing and regular work hours. However, if you’re a permanent part-time worker you will work fewer hours each week than full-time staff. Also, you will generally be classed as a permanent part-time employee if you work fewer than 38 hours a week.
Another specification is that your work hour pattern is regular and you are on a fixed term contract as a permanent employee. After seven years of ongoing employment with an employer you could be granted long service leave, depending on which state you live in.
Permanent Part-Time Entitlements
Other benefits of permanent part-time employment are that you are granted entitlements including sick and carer’s leave, and annual leave on a pro-rata basis.
Permanent part-time employees are also guaranteed to have either ongoing work or a contract over a fixed term, and you must be given or receive notice to end your employment. You are entitled to parental leave if you have been working for the employer for 12 months.
Casual Workers
In Australia, there’s no real definition of ‘casual’ in the legislation on employment. In general, it’s accepted to mean a person who works when their employer wants them to work. So, these workers don’t have job security or guaranteed ongoing work or regular hours. They are offered work on an ‘as needed’ basis.
The Criteria For a Casual Worker
Casual workers are entitled to higher rates of pay than permanent or part-time employees get, and this compensates them for job insecurity and loss of other benefits.
‘Casual loading’, is the term used to refer to this arrangement which essentially compensates workers who don’t receive benefits. The loading is normally between 15 per cent and 33 per cent top of the usual hourly rate.
Criteria for Casual Employment:
- You are not assured of weekly hours
- You normally work irregular hours
- You are not entitled to annual leave or sick pay
As casuals, these workers are not usually entitled to a minimum notice period before termination, so if you’re in this category, you cannot be sacked and you cannot quit without giving notice.
Casual Worker Rights
It’s important that casual employees know they can switch to full or part-time employment whenever their employer offers it and that the casual employee agrees to it.
There are some Modern Awards that have casual conversion clauses which mean casual employees can ask to be converted to permanent.
This can be after the casual worker has been employed for 12 months at a regular and systematic rate, and if there’s a reasonable expectation that this casual work will continue.
While casual workers have fewer entitlements, they do have important rights:
- Casual loading (usually 15-33% on top of the usual hourly rate)
- Flexibility in accepting or rejecting shifts
- Casual conversion rights after 12 months of regular work
- Superannuation contributions if earning over $450 per month
Personal and Carer’s Leave Calculation
As a long-term casual employee, you can also:
- Apply for more flexible arrangements around your work
- And you can ask for parental leave.
The High Court ruled in 2020 that personal and carer’s leave entitlements should be calculated based on hours worked rather than days. Employees now accrue 1/26th of their ordinary hours of work per year for this leave.
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Recent Legal Changes Affecting Both Types
In August 2020, the Australian High Court made a significant ruling that changed how paid personal or carer’s leave is calculated under the National Employment Standards.
The Court decided that rather than calculating a worker’s 10 days of personal or carer’s leave entitlements on the number of days worked, it is now calculated on hours worked. Ten days of personal leave is now calculated as 1/26th of a worker’s ordinary hours of work in one year.
Common Misconceptions About Casual and Part-time Employment
Myth: Casual employees have no rights.
Reality: While casual employees don’t have some entitlements of permanent staff, they do have rights, including casual loading, superannuation, and workplace health and safety protections.
Myth: Part-time workers can’t claim overtime.
Reality: Part-time workers are often eligible for overtime pay when working beyond their agreed hours, depending on their award or agreement.
Myth: Casual employees can’t become permanent.
Reality: Many casual employees have the right to request conversion to permanent employment after 12 months of regular work.
Myth: Part-time workers don’t accrue long service leave.
Reality: Part-time workers do accrue long service leave, typically on a pro-rata basis.
Myth: Employers can change a part-time employee’s hours at will.
Reality: Changes to a part-time employee’s regular hours typically require mutual agreement and may involve a formal variation of the employment contract.
Protect Your Workplace Rights
Understanding your employment rights is crucial, but navigating the complexities of workplace law can be challenging. Don’t leave your entitlements to chance.
At PK Simpson, our expert lawyers have been championing workers’ rights for over 38 years. We’re here to ensure you receive the compensation and fair treatment you deserve, whether you’re a casual or part-time employee.
Take the first step towards securing your workplace rights today:
- Call us at 1300 757 467 for a free consultation
- Book an appointment online to discuss your situation
- Visit our website to learn more about how we can help you