Employment Rights and Complaint Mechanisms in Australia

International employment law in Australia protects against unfair dismissal and discrimination. NRIs facing issues can file complaints with the Indian government regarding NRI employment grievances or NRI job frauds complaint.

Here are the key points regarding employment law in Australia:

• • Employment Contracts

    • Employment contracts in Australia are typically permanent, with a minimum notice period of 1-4 weeks.
    • Non-compliance with contractual terms can result in disputation if the terms of the contract are not honored.
    • Fixed-term contracts are permitted for temporary needs but must have a valid reason and defined end date.
    • NRI employment issues can arise if an employee is hired under such a contract but the terms are not followed correctly.
    • Probationary periods are common, typically 3-6 months, during which employment can be terminated more easily, but any action must still comply with unfair termination laws.

  • Wages and Hours

    • The national minimum wage is currently AUD$20.33 per hour or AUD$772.60 per 38-hour week.
    • NRI grievance employment issues may arise if wages are not paid in accordance with these minimum standards.
    • Employees are entitled to a minimum of 4 weeks (20 days) paid annual leave annually.
    • The maximum average weekly working time is 38 hours, with reasonable additional hours permitted.
    • Employers failing to adhere to these working hour regulations could face occupational health and safety fines.

  • Discrimination and Harassment

    • Federal and state laws prohibit discrimination based on protected characteristics like race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction, or social origin.
    • Complaints of NRI Employment issue to Indian government can be filed if there is discrimination or unfair treatment related to these characteristics.
    • Employers must avert and address persecution in the office.
    • Employees can file an NRI employee grievance if they face persecution or prejudicial practices.

  • Leave and Benefits

    • Employees are entitled to 12 months of unpaid parental leave, with a right to request an additional 12 months.
    • NRI job frauds complaint can be filed if an employer fails to honor parental leave entitlements.
    • Employees can request flexible work arrangements, which employers must consider.
    • Non payment of salary may also be an issue if the employee’s leave benefits or wages are withheld.

  • Termination and Severance

    • Employees with 6 months of service have the right not to be unjustified dismissed.
    • Unfair termination claims can be raised if the termination is deemed unjust or improper.
    • Notice periods for termination range from 1-5 weeks, depending on the employee's age and length of service.
    • Severance pay is required for employees with 12 or more months of service who are dismissed due to redundancy.
    • If an employee dies during employment, their family may be entitled to death compensation depending on the circumstances and the company’s policy.
      
      

Also Read: What Are Key Highlights Of International Employment Law In The Netherlands?