Business Bootcamp - Contracts and Procedures
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Business Bootcamp - Contracts and Procedures

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Business Bootcamp, 16 August 2011. Presented by Lizzy Boots. Employment contracts and procedures pertinent to Cosmetic Clinics and practices.

Business Bootcamp, 16 August 2011. Presented by Lizzy Boots. Employment contracts and procedures pertinent to Cosmetic Clinics and practices.

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Business Bootcamp - Contracts and Procedures Business Bootcamp - Contracts and Procedures Presentation Transcript

  • ContractsPolicy & Procedure
    Lizzy Boots
  • Getting it Right!Keeping it Right!
    Ensure Your Business
    Is Up To Date with
    the New IR Laws and Legislation
  • What is a Contract of Employment?
    When an employee accepts an offer of employment (oral or written), a contract of employment has been established
  • Contracts
    Under this contract, both employer and employee have certain rights and obligations
  • Employer Obligations
    Pay the correct wages
    Reimburse employees for work related expenses
    Ensure a safe working environment
    Act in a professional manner
    Forward tax instalments to the ATO
    Make Superannuation payments
  • Employee Obligations
    Obey lawful and reasonable instructions of the employer
    Exercise due care in the performance of their duty
    Account for all money and property received while employed
    Make available to the employer any product or process invented while employed
  • What about family business?
    A person employed by his / her spouse or parent is not considered an employee under Industrial Relations Act 1996.
    However – under common law they would be considered an employee!
  • Minimum Conditions
    The new Modern Awards and the National Employment Standards (NES) set the minimum standards of employment
  • 10 NES Entitlements
    Maximum weekly hours of work – 38 hours per week, plus reasonable additional hours
  • 10 NES Entitlements
    Requests for flexible working arrangements – allows parents or carer’s of a child under school age or a child under 18 with a disability, to request a change in working arrangements to assist with the child’s care
  • 10 NES Entitlements
    Parental leave and related entitlements - up to 12 months unpaid leave for every employee, plus a right to request an additional 12 months unpaid leave, and other forms of maternity, paternity and adoption related leave
  • 10 NES Entitlements
    Annual leave - 4 weeks paid leave per year, plus an additional week for certain shift workers
  • 10 NES Entitlements
    Personal / carer’s leave and compassionate leave - 10 days paid personal / carer’s leave, two days unpaid carer’s leave as required, and two days compassionate leave (unpaid for casuals) as required
  • 10 NES Entitlements
    Community service leave - unpaid leave for voluntary emergency activities and leave for jury service, with an entitlement to be paid for up to 10 days for jury service.
  • 10 NES Entitlements
    Long service leave - a transitional entitlement for employees who had certain LSL entitlements before 1/1/10 pending the development of a uniform national long service leave standard.
  • 10 NES Entitlements
    Public holidays - a paid day off on a public holiday, except where reasonably requested to work.
  • 10 NES Entitlements
    Notice of termination and redundancy pay - up to 4 weeks notice of termination (5 weeks if the employee is over 45 and has at least 2 years of continuous service) and up to 16 weeks redundancy pay, both based on length of service
  • 10 NES Entitlements
    Provision of a Fair Work Information Statement - employers must provide this statement to all new employees. It contains information about the NES, termination of employment, and the respective roles of Fair Work Australia and the Fair Work Ombudsman
  • Award Flexibility Agreements
    A written arrangement with an existing employee
    Change the way an award applies - allows you to pay the employee more and not have to pay:
    Loadings (annual leave)
    Allowances (meals , dry cleaning)
    Penalties and overtime
  • Annualised Salary
    Clause in Contract
    Your annualized salary is set at $55,000 pa.
    Your base salary is above the standard award payment and includes payment for “reasonable” additional overtime that may be required from time to time to fulfil the requirements of your role. Your base salary also includes payment of all loadings and penalties applicable under the award. No additional penalties or loadings are payable under this agreement.
  • Annualised Salary
    Must pass the “better off overall” test
  • An Earnings Guarantee
    Written guarantee of earnings over $118,100 (adjusted 1 July each year)
    Prevents a Modern Award from applying to their employment
  • POLICY & PROCEDURES
    Policies and Procedures are the strategic link between the Company's Vision and its day-to-day operations
  • POLICY & PROCEDURES
    Well written policies & procedures allow employees to understand their roles and responsibilities within predefined limits
  • POLICY & PROCEDURES
    Policies & procedures allow management to guide operations in the business without constant intervention
    Provide a base line for expectations of performance and behaviour
  • POLICY & PROCEDURES
    A "Policy" is a predetermined course of action which is established to provide a guide toward accepted business strategies and objectives
    Is a direct link between an organization's "Vision" and their day-to-day operations.
  • POLICY & PROCEDURES
    The ultimate goal of every procedure is to provide the reader with a clear and easily understood plan of action required to carry out or implement a policy
  • POLICY & PROCEDURES
    Policies:• Are general in nature• Identify company rules• Explain why they exist• Tells when the rule applies• Describes who it covers• Shows how the rule is enforcement• Describes the consequences• Are normally described using simple sentences & paragraphs
  • POLICY & PROCEDURES
    Procedures:• Identify specific actions• Explain when to take actions• Describes alternatives• Shows emergency procedures• Includes warning & cautions• Gives examples• Shows how to complete forms• Are normally written using an outline format
  • Policy & Procedure
    Employment
    Code of Ethics and Business Conduct
    Confidentiality Agreement
    Social Media - Email, Internet & Computer Usage Policy
    Harassment (Fair Workplace) Policy
    Mobile Phone Policy
    Working from Home Policy
    Annual Leave Policy
  • Policy & Procedure
    Workplace Health & Safety
    Disposal of Sharps Policy
    Drug & Alcohol
    Manual Handling / Risk Assessment
    Smoking in the workplace
  • Policy & Procedure
    Managing Performance and Termination
    Conduct Performance - Warning Letters
    Personal & Carer’s (Sick) Leave
    Workplace Grievance and Dispute Resolution
    Abandonment of Service
    Termination Policy
    Exit Interview
    Statement of Service - Leaving Employee
  • More Information
    Visit www.bootsandall.com.au
    Or call 0414 644463 for consulting advice on employee related matters
  • Thank You!
    I hope you have found this day valuable.
    Now lets enjoy a few drinks together!