新型冠状病毒对很多生意都造成了很大的影响。作为雇主或者员工,你了解相关法律吗?这篇文章以快问快答的方式,希望给大家多一些相关法律的了解。

COVID-19 has no doubt impacted on many businesses and their profitability. As an employer or employee, do you know your legal rights? This article contains some common questions and answers which will hopefully assist you in better understanding your legal rights.

如果员工被政府要求隔离,工资需要发吗?

Q: Do I need to pay my employee who is self-isolating under the Government’s directions?

在这个情况下,雇主不必支付工资给员工,除非雇主允许员工在家工作。员工也可以申请年假。如果隔离是因为员工生病,员工也可以请病假。

A: Your employee should be on unpaid leave unless you allow your employee to work from home. Your employee may also apply for paid leave during the period of isolation. In the case of illness which results in self-isolation, your employee may take sick leave.

营运受疫情影响,员工可以留职停薪吗?

Q: My business operation has been adversely impacted by the pandemic, can I stand down my employees for a period of time?

根据澳大利亚劳工法第524章,雇主如果因为不可控的因素而工作需求中断,造成员工无法有效的被雇用,雇主可以选择对其员工留职停薪,除非雇主和其员工之间存在相关合约条款阻止雇主对员工留职停薪。

A: Section 524 of the Fair Work Act 2009 (Cth) provides that an employer may stand down an employee during a period in which the employee cannot usefully be employed due to a stoppage of work for any cause for which the employer cannot reasonably be held responsible, unless there is an enterprise agreement or a contract of employment that states otherwise.

留职停薪期间,员工的年假会继续累积吗?

Q: What happens to leave entitlements if I stand down my employees?

留职停薪期间,该员工继续累积年假。

A: Accrued leave entitlements continue when an employee is stood down.

作为雇主,我还能怎样减少营运成本?

Q: What else can I do to minimise my business expenses?

作为雇主,在根据澳大利亚劳工法的范围和限制内,你可以跟员工们讨论降低工资,或者减少工作时数。你也可以让员工开始休年假。澳大利亚劳工法第94条规定,雇主必须有合理的原因才能让员工开始休年假。

A: As an employer, you may negotiate with your employees for a pay cut or reduce their work hours, to the extent permitted by the Fair Work Act 2009 (Cth). You may also request your employees to take paid annual leave. Section 94 of the Fair Work Act 2009 (Cth) provides that an employer may require an employee to take a period of paid annual leave only if the requirement is reasonable.

我可以要求我的员工休长期服务假吗?

Q: Can I require my employees to take long service leave?

根据维多利亚州的长期服务假条款第19章,在维多利亚州,如果雇主要求员工休长期服务假,必须于至少12 周前给其员工书面通知。

A: According to section 19 of the Long Service Leave Act 2018 (Vic), in Victoria, if you require your employee to take long service leave, you must give written notice of at least 12 weeks.

如果雇主让员工在家里工作,需要注意些什么吗?

Q: What should I be mindful of when allowing my employees to work from home?

无论员工身在何处,只要员工在工作,雇主就有义务保护员工的安全和身心灵健康。在允许员工开始在家工作之前,建议雇主先确认员工家里的情况和设备是否安全以及是否适合让员工在家里工作。如果员工缺乏某些设备和工具,雇主则需要提供。

A: As long as your employee is at work, regardless of their physical location, an employer is responsible for the safety and physical and mental health of the employee. Prior to the commencement of the work from home arrangement, it is prudent for employer to first make an assessment as to the suitability and safety of the environment the employee would be working from. An employer may need to provide the employee with necessary equipment and services to enable the employee to work from home.

雇主可以遣散不必要的员工吗?

Q: Can I make some of my employees redundant?

如果公司因为疫情造成盈利受损而决定裁员,必须按照澳大利亚劳工法给予员工正确的书面通知以及正确的结算工资和遣散费。请雇主务必把决定和过程记录下来,并且了解澳大利亚劳工法对于员工因为歧视而被解雇有诸多保护。

A: If you choose to make some of your employees’ positions redundant as a result of a business downturn caused by the pandemic, you must ensure that you have complied with the Fair Work legislations in relation to providing the appropriate notice period and correct entitlements to your employees. Record your decision and the process in writing and be mindful that the Fair Work Act protects employees against being dismissed because of discrimination.

这篇文章仅仅是为大家普及一些基本的法律常识。并不适用于你个个人情况。如果想咨询更多,请联络我。

This article aims to provide you with very general legal information and cannot constitute legal advice to any tailored circumstance. If you wish to know more, please do not hesitate to contact me.

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