Legal Influences: The Employment Contract (HSC SSCE Business Studies): Flashcards

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Legal Influences: The Employment Contract
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Common law

Law developed through court decisions and precedents

Employment contract

Legally binding formal agreement between employer & employee

Independent contractors have contract...

FOR services (not OF service)

National Employment Standards (NES)

10 minimum conditions all employers must provide

Max weekly hours under NES

38 hours per week, plus reasonable additional hours

Annual leave entitlement under NES

4 weeks paid leave per year

Award

Legally enforceable minimum terms & conditions for industry

Better off overall test (BOOT)

Employees must be better off than under the relevant award

Casual loading rate

20-25% extra pay compensating for lack of entitlements

Wage theft

Underpaying award rates & entitlements like overtime & penalties

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