26NovEnsuring Christmas Stays the Most Wonderful Time of the Year
Posted on 26/11/2015 by Nine2Three
Is your business closing down over the Christmas-New Year Period in a few months time? If so, there are few things you need to consider; aside from what gifts to buy your staff.
It is important that you are aware of whether you have the right to enforce your employees on an annual close-down. Whether you have the right or not, will depend on the specific modern award or enterprise agreement for your employees, or the National Employment Standards for those employees who are award free.
In the case of modern awards, there are terms which allow employers to send employees on an annual-close down, with generally four weeks notice given to employees. If however the modern award does not contain a provision in regards to an annual shut down, the employer must be careful and take advice before forcing employees to take annual leave during an annual close down.
It is stated in the Fair Work Act (s88) that paid annual leave may be taken for a period agreed between the employer and employee, meaning the employer must obtain the agreement of each affected employee, for the close-down to proceed. It is important that all prospective employees are advised of their annual leave entitlements at the time of recruitment.
For employees who are award-free, the Fair Work Act (s94(5)) states that an employer may require the employee to take a period of paid annual leave, if the request is reasonable, i.e. an employers business being shut down for a period over Christmas-New Years.
In regards to public holidays, it is stated in the Fair Work Act that if a public holiday falls during a period of annual leave, an employee is considered to not be on annual leave where the public holiday falls on a day where they would usually be working.
The upcoming public holidays in NSW over the Christmas-New period are as follows:
- Christmas Day – Friday December 25
- Boxing Day – Saturday December 26
- Additional holiday – Monday December 28
- New Years Day – Friday January 1
- Australia Day – Tuesday January 26
So, to ensure Christmas truly does stay the most wonderful time of the year, call Nine2Three HR Management Solutions on 1300 923 000, for any assistance with your employment contracts and other HR issues.
Important Note: These articles have been prepared for general circulation and are circulated for general informational purposes only; these articles should not be regarded as business or investment advice. The articles represent the views of the writers and are subject to change without notice. Additionally, while every care has been taken in the preparation of the articles no representation or warranty as to accuracy or completeness of any statement is given. An individual or organisation should, before any business or investment decision is made, consider the appropriateness of the information in this document, and seek professional advice, having regard to objectives, situation and needs. This document is solely for the use of the party to whom it is provided.
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