Underpayment of wages is not a new phenomenon. However, the recent proliferation of what is being called
wage theft is occurring across a range of occupations, labour market segments and
business models.
Employers who underpay workers could be forced to name and shame themselves with public signs admitting their wage theft as part of industrial relations reforms Attorney-General Christian Porter is considering.
Businesses which fail to prevent wage underpayment could also be banned from hiring migrant workers for a period of time, and company directors disqualified from holding office.
Presentation on Employer obligations (Australia).
The contents of this presentation are for information purposes only and do not constitute legal advice.
If you have any particular concerns or queries, please contact our office for specific advice.
Payroll Webinar: What You Need to Know about Benefits TaxationAscentis
You will learn the payroll department’s responsibilities pertaining to the set-up of employee benefits, including retirement, health and welfare and other benefits. You will learn what payroll department staff need to know when tax withholding needs to occur and how to communicate the tax withholding effectively to employees. Learn how to be proactive on employee taxation issues with management and prevent surprises.
Compliance with New DOL Regulations re Oil & Gas White-Collar Overtime Exempt...Marcellus Drilling News
A handy guide from the lawyers at K&L Gates to help companies in the oil and gas space with compliance for draconian new regulations issue by the Obama Dept. of Labor on May 18, 2016. Companies have until Dec. 1, 2016 to begin compliance. Essentially the DOL doubled the minimum salary level for white collar employees, meaning many more employees who work over 40 hours a week, even though white collar, must now be paid overtime.
Employee Leaves of Absence: A high-level discussion of the issues surrounding employees' extended absences, including a survey of jurisdictions with mandated paid leave and a detailed discussion of the EEOC's position with respect to extended leave as a reasonable accommodation.
FMLA/ADA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA, the ADA and other applicable laws and regulations.
New and Proposed Regulations: A timely discussion of recently issued and proposed regulations and their impact on employers, including the FLSA "white collar" exemptions, independent contractor misclassification, and the EEOC's new interpretation of Title VII.
What keeps-a-professional-in-human-resources-up-at-nighthumresource
Being sued for FLSA violations is getting easier by the day. And with a majority of the workforce classified as non-exempt (hourly workers subject to overtime payments), it's crucial to know the ins and outs of the law. Companies that don't are sitting ducks for costly lawsuits. Most lawsuits are caused by small errors made by well-intentioned companies trying their best to navigate this complicated statute.
GW Human Resources provides F.U.N. Slides (Facts Understood Now Slides) on Human Resources & HR Compliance. F.U.N. Slides on FLSA. http://gwhumanresources.com/slides/
Presentation on Employer obligations (Australia).
The contents of this presentation are for information purposes only and do not constitute legal advice.
If you have any particular concerns or queries, please contact our office for specific advice.
Payroll Webinar: What You Need to Know about Benefits TaxationAscentis
You will learn the payroll department’s responsibilities pertaining to the set-up of employee benefits, including retirement, health and welfare and other benefits. You will learn what payroll department staff need to know when tax withholding needs to occur and how to communicate the tax withholding effectively to employees. Learn how to be proactive on employee taxation issues with management and prevent surprises.
Compliance with New DOL Regulations re Oil & Gas White-Collar Overtime Exempt...Marcellus Drilling News
A handy guide from the lawyers at K&L Gates to help companies in the oil and gas space with compliance for draconian new regulations issue by the Obama Dept. of Labor on May 18, 2016. Companies have until Dec. 1, 2016 to begin compliance. Essentially the DOL doubled the minimum salary level for white collar employees, meaning many more employees who work over 40 hours a week, even though white collar, must now be paid overtime.
Employee Leaves of Absence: A high-level discussion of the issues surrounding employees' extended absences, including a survey of jurisdictions with mandated paid leave and a detailed discussion of the EEOC's position with respect to extended leave as a reasonable accommodation.
FMLA/ADA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA, the ADA and other applicable laws and regulations.
New and Proposed Regulations: A timely discussion of recently issued and proposed regulations and their impact on employers, including the FLSA "white collar" exemptions, independent contractor misclassification, and the EEOC's new interpretation of Title VII.
What keeps-a-professional-in-human-resources-up-at-nighthumresource
Being sued for FLSA violations is getting easier by the day. And with a majority of the workforce classified as non-exempt (hourly workers subject to overtime payments), it's crucial to know the ins and outs of the law. Companies that don't are sitting ducks for costly lawsuits. Most lawsuits are caused by small errors made by well-intentioned companies trying their best to navigate this complicated statute.
GW Human Resources provides F.U.N. Slides (Facts Understood Now Slides) on Human Resources & HR Compliance. F.U.N. Slides on FLSA. http://gwhumanresources.com/slides/
New and Proposed Regulations: A timely discussion of recently issued and proposed regulations and their impact on employers, including the FLSA "white collar" exemptions, independent contractor misclassification, and the EEOC's new interpretation of Title VII.
Employee Leaves of Absence: A high-level discussion of the issues surrounding employees' extended absences, including a survey of jurisdictions with mandated paid leave and a detailed discussion of the EEOC's position with respect to extended leave as a reasonable accommodation.
FMLA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA, the ADA and other applicable laws and regulations.
On May 18, 2016, the U.S. Department of Labor (DOL) announced a final rule regarding overtime wage payment qualifications for the “white collar exemptions” under the Fair Labor Standards Act (FLSA).
The final rule increases the salary an employee must be paid in order to qualify for a white collar exemption. The required salary level is increased to $47,476 per year and will be automatically updated every three years. The final rule does not modify the duties test employees must meet to qualify for a white collar exemption.
Join Jim Paille as he talks about payroll tax compliance going into the new year. In this session, you will understand the latest tax reform items that affect payroll. He will cover new IRS initiatives to be mindful of entering 2021. Then, Jim will discuss topics related to the 2020-2021 W-4’s impact at both the federal and state levels. Finally, he will cover some tips you can leverage to make your year-end processing more efficient and effective.
Payroll Webinar: Streamlining Payroll Operations and EfficienciesAscentis
Payroll is often the largest expense for a business and can be even more costly because of non-compliance, inefficient processes, lack of controls, and outdated technology. A missed deadline or incorrect tax filing can result in hefty fines and even jail time. Manual entry of HR/payroll records is time-consuming and prone to human error. Not having controls in place, whether you are a public or a private company, can increase the risk of fraud. Outdated technology can be complex and tends to add more administrative burden to HR/payroll teams, causing unwanted stress and frustration.
In this session we talk about the many ways that companies can stay compliant, streamline payroll operations, and optimize efficiency. We’ll share best practices and current trends to help improve your overall payroll operations and keep things running smoothly.
PEO companies bill for their services in many different ways, which can be confusing and difficult for even the most seasoned broker to understand. The Guide to Understanding PEO Billing Reports provides a breakdown of both bundled and unbundled PEO bills, including how they’re organized and how the items on the invoices should be calculated.
In this eGuide, you will learn how to:
- Break down your clients' PEO reports effectively
- Find the “hidden fees” in bundled billing
- Save your clients by saving them money
Payroll Webinar: W-2’s vs. 1099’s: Understanding Who Should be an Independent...Ascentis
This webinar examines how the common law rule is used to determine worker status and which three requirements are used to correctly classify a worker as an independent contractor along with the requirements for when a worker must be classified as an employee. Misclassifying employees and independent contractors are getting more costly by the day. With federal and state agencies joining forces to combat misclassification, fines and penalties have skyrocketed. And every day the misclassification continues the penalties mount up and up until this ticking time bomb finally explodes! Find out how to defuse that ticking bomb by joining renowned payroll expert Vicki M. Lambert, CPP for this information packed webinar!
Payroll Webinar: Form 941 for 2020: What you Need to KnowAscentis
This webinar covers the IRS Form 941 and its accompanying Form Schedule B for 2020. It discusses what is new for the form in 2020 and covers the requirements for completing each form line by line. It includes the filing requirements and tips on reconciling and balancing the two forms.
Form 941 is the link between your payroll records and the IRS tax records. Proper administration of this vital form is critical if you want to avoid IRS Notices and the penalties and interest that accompany them. The Schedule B is also a crucial form for many employers. The IRS demands that the Form 941 and the Schedule B match to the penny…every single time…without fail!
It has always been a requirement that the Forms 941 be reconciled with the Forms W-2 prior to submitting each form. If the employer fails in this reconciliation, the IRS and Social Security Administration can both assess penalties! This reconciliation has become even more critical these past few years.
April 6th 2013 PAYE in the UK is undergoing its most fundemental change since its inception in the 1940's. Please see our fact shet for more information
New and Proposed Regulations: A timely discussion of recently issued and proposed regulations and their impact on employers, including the FLSA "white collar" exemptions, independent contractor misclassification, and the EEOC's new interpretation of Title VII.
Employee Leaves of Absence: A high-level discussion of the issues surrounding employees' extended absences, including a survey of jurisdictions with mandated paid leave and a detailed discussion of the EEOC's position with respect to extended leave as a reasonable accommodation.
FMLA: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA, the ADA and other applicable laws and regulations.
On May 18, 2016, the U.S. Department of Labor (DOL) announced a final rule regarding overtime wage payment qualifications for the “white collar exemptions” under the Fair Labor Standards Act (FLSA).
The final rule increases the salary an employee must be paid in order to qualify for a white collar exemption. The required salary level is increased to $47,476 per year and will be automatically updated every three years. The final rule does not modify the duties test employees must meet to qualify for a white collar exemption.
Join Jim Paille as he talks about payroll tax compliance going into the new year. In this session, you will understand the latest tax reform items that affect payroll. He will cover new IRS initiatives to be mindful of entering 2021. Then, Jim will discuss topics related to the 2020-2021 W-4’s impact at both the federal and state levels. Finally, he will cover some tips you can leverage to make your year-end processing more efficient and effective.
Payroll Webinar: Streamlining Payroll Operations and EfficienciesAscentis
Payroll is often the largest expense for a business and can be even more costly because of non-compliance, inefficient processes, lack of controls, and outdated technology. A missed deadline or incorrect tax filing can result in hefty fines and even jail time. Manual entry of HR/payroll records is time-consuming and prone to human error. Not having controls in place, whether you are a public or a private company, can increase the risk of fraud. Outdated technology can be complex and tends to add more administrative burden to HR/payroll teams, causing unwanted stress and frustration.
In this session we talk about the many ways that companies can stay compliant, streamline payroll operations, and optimize efficiency. We’ll share best practices and current trends to help improve your overall payroll operations and keep things running smoothly.
PEO companies bill for their services in many different ways, which can be confusing and difficult for even the most seasoned broker to understand. The Guide to Understanding PEO Billing Reports provides a breakdown of both bundled and unbundled PEO bills, including how they’re organized and how the items on the invoices should be calculated.
In this eGuide, you will learn how to:
- Break down your clients' PEO reports effectively
- Find the “hidden fees” in bundled billing
- Save your clients by saving them money
Payroll Webinar: W-2’s vs. 1099’s: Understanding Who Should be an Independent...Ascentis
This webinar examines how the common law rule is used to determine worker status and which three requirements are used to correctly classify a worker as an independent contractor along with the requirements for when a worker must be classified as an employee. Misclassifying employees and independent contractors are getting more costly by the day. With federal and state agencies joining forces to combat misclassification, fines and penalties have skyrocketed. And every day the misclassification continues the penalties mount up and up until this ticking time bomb finally explodes! Find out how to defuse that ticking bomb by joining renowned payroll expert Vicki M. Lambert, CPP for this information packed webinar!
Payroll Webinar: Form 941 for 2020: What you Need to KnowAscentis
This webinar covers the IRS Form 941 and its accompanying Form Schedule B for 2020. It discusses what is new for the form in 2020 and covers the requirements for completing each form line by line. It includes the filing requirements and tips on reconciling and balancing the two forms.
Form 941 is the link between your payroll records and the IRS tax records. Proper administration of this vital form is critical if you want to avoid IRS Notices and the penalties and interest that accompany them. The Schedule B is also a crucial form for many employers. The IRS demands that the Form 941 and the Schedule B match to the penny…every single time…without fail!
It has always been a requirement that the Forms 941 be reconciled with the Forms W-2 prior to submitting each form. If the employer fails in this reconciliation, the IRS and Social Security Administration can both assess penalties! This reconciliation has become even more critical these past few years.
April 6th 2013 PAYE in the UK is undergoing its most fundemental change since its inception in the 1940's. Please see our fact shet for more information
HR compliance update is essential for keeping up with ever-changing laws and regulations. Start 2020 confident you can handle the questions from supervisors, employees, and corporate leaders about employment law changes.
Why Payroll Compliance is Critical for Manufacturing Companies.pdfpaysquare consultancy
Payroll compliance is essential for manufacturing companies due to their distinct operational structure and diverse workforce. It encompasses the adherence to legal and regulatory mandates governing employee compensation, tax obligations, benefits administration, and meticulous record-keeping...https://paysquare.com/why-payroll-compliance-is-critical-for-manufacturing-companies/
A detailed guide of the regulations facing UK employers dealing with workplace pension auto enrolment. This guide gives a valuable insight into what must be done to ensure your processes are both compliant and legal.
What keeps-a-professional-in-human-resources-up-at-nighthumresource
Being sued for FLSA violations is getting easier by the day. And with a majority of the workforce classified as non-exempt (hourly workers subject to overtime payments), it's crucial to know the ins and outs of the law. Companies that don't are sitting ducks for costly lawsuits. Most lawsuits are caused by small errors made by well-intentioned companies trying their best to navigate this complicated statute.
Automatic Enrolment functionality has been elegantly integrated into Qtac. Setting up your pension scheme, enrolling employees, issuing communication, making contributions and viewing reports – it's all seamless and simple.
Employees need to be automatically enrolled if they:
Are aged between 22 and State Pension Age
Earn more than £10,000 a year (2014/15 limit)
Work in the UK
If a company does not have a qualifying pension scheme then it must introduce one. If the employer doesn’t currently make a contribution to the pension, they will have to by law when they ‘automatically enrol’ entitled workers.
Your clients are responsible for ensuring they have a compliant pension scheme in place and that the correct employees and employers contributions are paid into the scheme.
What’s the reason for auto enrolment? The average life span has increased and people are living a lot longer. These changes to pensions are because the current state pension will just not be sufficient when retiring and therefore trying to encourage people to save for retirement.
Jobholders
Eligible jobholder
The employer must
automatically enrol and make contributions
if using postponement, provide a notification to the eligible jobholder
process any opt-out notice
automatically re-enrol approximately every three years
keep records of the automatic enrolment process
Non-eligible jobholder
The employer must
arrange pension scheme membership if the non-eligible jobholder decides to opt-in, and also make contributions
provide information about the right to opt-in, unless using postponement
if using postponement, the employer must provide a notification to the non-eligible jobholder & keep records of the enrolment process
Entitled worker
The employer must:
arrange pension scheme membership if the entitled worker decides to join
provide information about the right to join, unless using postponement
if using postponement, provide a notification to the entitled worker
keep records of the joining process
A clients choice of automatic enrolment pension scheme could have an impact on the payroll processing time and costs involved.
Some of your clients may have an existing scheme, in this scenario they should ascertain with their pension provider whether it meets automatic enrolment requirements and is therefore classed as a qualifying scheme.
Employers conduct compensation self-audits for a variety of reasons, ranging from obligations as a federal contractor to a desire for a deeper understanding of their compensation practices. Compensation self-audits are also frequently found as part of an employer’s risk management plan; self-audits allow an employer to identify potential problem areas and assess the extent of exposure in the event of compensation litigation.
We’ve compiled a list of questions that we’re commonly asked by our clients about automatic enrolment, and answered them on the following slides.
From 'What is automatic enrolment,and does it apply to me?' to 'How do I choose the right pension supplier?' you'll find the most frequently asked questions - and the answers you need.
Lean Start-up Business Tactics Seminar - HR Issues and Your Start-up UNHInnovation
Inevitably, you will need the services and/or skill sets of other people to get your business running. When you begin to add people to your lean start-up, the initial question will be whether or not each person will be an employee or independent contractor. This seminar will help you understand the pros and cons of each type of relationship, and the legal risks in one vs. the other.
If you hire even one employee, there are HR legal compliance issues you will need to address. This seminar also discusses the HR issues that are most important as you begin to add employees, such as:
-Your obligations under wage laws and employment verification laws
-Approaching incentive compensation
-Protecting your confidential information and trade secrets
Affordable Care Act: Preparing for the 2015 Tax ProvisionsSkoda Minotti
This presentation discusses issues that employers who will be subject to the Affordable Care Act must prepare for, including:
1. Determining which employees must be offered coverage
2. Analyzing payroll to determine the amount that can be charged to employees
3. Creating a record to respond to potential IRS assessments of excise tax
Contractor or Employee? Exempt or Non-Exempt? Understanding the Distinctions ...ComplyRight, Inc.
A handful of high-profile cases -- and increased attention by the IRS and Department of Labor – has put worker classification in the spotlight. Now, more than ever, employers must be crystal clear on the differences between an employee and independent contractor, as well as exempt vs. non-exempt status.
In either case, misclassifying workers is a risk your business can’t afford to take. Federal and state agents are monitoring the situation more closely and cracking down with bigger fines and penalties. At the same time, wage and hour lawsuits are on the rise, with many “salaried” employees recognizing they are non-exempt in the eyes of the law -- and therefore owed overtime.
Protect yourself from costly misclassification mistakes and potential legal issues. Attend this timely webinar to learn:
- Factors that define the worker relationship, according to the IRS and Department of Labor
- Warning signs that your contractor is actually an employee under the law
- What determines exempt vs. non-exempt status (Hint: Job title has nothing to do with it.)
- Steps to take if a worker is misclassified
Similar to Underpayment of Wages - An Issue To Be Avoided (20)
Omesh Jethwani, Government Projects & Programs, engages in an insightful dialogue with Tamika Smith, the Founding Director of My Bella Casa, Executive Chair of Top 100 Women, and Founder of TSR Property Solutions.
The conversation delves into Tamika’s professional journey, notable achievements, and her perspectives on the construction sector, emphasising her dedication to social and affordable housing and women’s empowerment in the industry.
Construction is one of the largest sectors in Australia. Our industry packs its biggest punch when it comes to the provision of full-time employment and support for small businesses.
Co-authored by Caryn Walsh, psychotherapist, women’s executive and life coach and founder of the Empowering Women to Thrive at Work Program, and Omesh Jethwani, Government Projects & Programs Manager.
Omesh Jethwani, Government Projects & Programs Manager and Cameron Spence, Workplace Relations Manager, in conversation with The Hon. Damien Tudehope, Minister for Finance and Minister for Employee Relations.
According to Mates In Construction NSW (MATES NSW), construction workers are more than two times more likely to die
by suicide than Australian men. Indeed, young construction workers are almost six times more likely to die from suicide than workplace
accidents.
Omesh Jethwani, Government Projects & Programs Manager in conversation with Charleene Mundine, Founder, Owner and Director — DLCM; Owner — Gali Solutions and Founder of the Black Women of Western Sydney (BWOWS) Network, on Aboriginal and Social Procurement Policies.
Charleene is a traditional owner from Bundjalung, Yuin, Gamilaraay (Kamilaroi) and Anaiwan nations with family connections to the Gumbaynggirr and Eora nations.
With an increasing population comes more housing, commercial buildings, social spaces, and infrastructure. The Building and Construction Industry employs approximately 1,160,715 persons (Australian Bureau of Statistics seasonally adjusted data), accounting for 8.8 per cent of the total workforce. Over the past five years, despite employment in the industry increasing by 7.1 per cent, women currently represent 8.9 per cent of all current learners in trades and just 2.1 per cent of all learners studying a trade in the Building and Construction Industry.
The Building and Construction Industry is the second most male-dominated industry after the mining industry. According to the Workplace Gender Equality Agency (WGEA), only 18.1% of its employees are female. Women comprise just 2.7% of chief executive officers, 15.1% of key management personnel and 13.0% of all managers. These figures are all far lower than the national average. The industry also has a low representation of women in management compared with representation across the industry: 13.0% compared to 18.1%.
On 26 November 2020, Ms Libby Lyons, CEO of Workplace Gender Equality Agency released *Australia’s Gender Equality Scorecard showing employers action on gender equality had stalled. Libby recently spoke to Omesh Jethwani, Government Projects & Programs Manager.
Over 10 million Australian adults are estimated to know someone who has died by suicide. Every second person is impacted by suicide by the time they turn 25.
The latest Australian Bureau of Statistics (ABS) data shows that around nine (9) lives are lost per day to suicide.
Knowledge about mental health in the Australian Building and Construction Industry has been steadily improving – interestingly, more significantly in small business awareness and regionally. There have been relatively few systematic and evaluated programs that address mental health and suicide the Building and Construction Industry.
In response to this, the Building and Construction Industry has stepped forward, and developed programs and support mechanisms that are genuinely innovative and see the industry positioned at the forefront internationally of work to address suicide and mental health through the workplace.
in-conversation with Skye Buatava, Director at Centre for Work Health and Safety on the major challenges of behaviour change in the Building and Construction Industry
in-conversation with Romilly Madew AO, CEO Infrastructure Australia on the major challenges and opportunities facing Australia’s infrastructure over the next 15 years and beyond.
On 12 September 2018, Mrs Kate Jenkins, Sex Discrimination Commissioner, launched the Australian Human Rights Commission’s fourth national workplace sexual harassment survey, which outlined the findings of the Commission’s latest survey on the prevalence, nature and reporting of sexual harassment in Australia, with a focus on workplaces.
Omesh Jethwani Government Projects and Programs Manager caught up with Celia Jordaan, Principal Procurement Advisor and Don Jones, Principal of Flaming Star Consulting and former NSW Government Policy Director on their insights on procurement.
More from Master Builders Association of New South Wales (20)
3.0 Project 2_ Developing My Brand Identity Kit.pptxtanyjahb
A personal brand exploration presentation summarizes an individual's unique qualities and goals, covering strengths, values, passions, and target audience. It helps individuals understand what makes them stand out, their desired image, and how they aim to achieve it.
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Discover the innovative and creative projects that highlight my journey throu...dylandmeas
Discover the innovative and creative projects that highlight my journey through Full Sail University. Below, you’ll find a collection of my work showcasing my skills and expertise in digital marketing, event planning, and media production.
Business Valuation Principles for EntrepreneursBen Wann
This insightful presentation is designed to equip entrepreneurs with the essential knowledge and tools needed to accurately value their businesses. Understanding business valuation is crucial for making informed decisions, whether you're seeking investment, planning to sell, or simply want to gauge your company's worth.
Cracking the Workplace Discipline Code Main.pptxWorkforce Group
Cultivating and maintaining discipline within teams is a critical differentiator for successful organisations.
Forward-thinking leaders and business managers understand the impact that discipline has on organisational success. A disciplined workforce operates with clarity, focus, and a shared understanding of expectations, ultimately driving better results, optimising productivity, and facilitating seamless collaboration.
Although discipline is not a one-size-fits-all approach, it can help create a work environment that encourages personal growth and accountability rather than solely relying on punitive measures.
In this deck, you will learn the significance of workplace discipline for organisational success. You’ll also learn
• Four (4) workplace discipline methods you should consider
• The best and most practical approach to implementing workplace discipline.
• Three (3) key tips to maintain a disciplined workplace.
Memorandum Of Association Constitution of Company.pptseri bangash
www.seribangash.com
A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
https://seribangash.com/article-of-association-is-legal-doc-of-company/
Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
www.seribangash.com
Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
https://seribangash.com/promotors-is-person-conceived-formation-company/
Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
Taurus Zodiac Sign_ Personality Traits and Sign Dates.pptxmy Pandit
Explore the world of the Taurus zodiac sign. Learn about their stability, determination, and appreciation for beauty. Discover how Taureans' grounded nature and hardworking mindset define their unique personality.
"𝑩𝑬𝑮𝑼𝑵 𝑾𝑰𝑻𝑯 𝑻𝑱 𝑰𝑺 𝑯𝑨𝑳𝑭 𝑫𝑶𝑵𝑬"
𝐓𝐉 𝐂𝐨𝐦𝐬 (𝐓𝐉 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬) is a professional event agency that includes experts in the event-organizing market in Vietnam, Korea, and ASEAN countries. We provide unlimited types of events from Music concerts, Fan meetings, and Culture festivals to Corporate events, Internal company events, Golf tournaments, MICE events, and Exhibitions.
𝐓𝐉 𝐂𝐨𝐦𝐬 provides unlimited package services including such as Event organizing, Event planning, Event production, Manpower, PR marketing, Design 2D/3D, VIP protocols, Interpreter agency, etc.
Sports events - Golf competitions/billiards competitions/company sports events: dynamic and challenging
⭐ 𝐅𝐞𝐚𝐭𝐮𝐫𝐞𝐝 𝐩𝐫𝐨𝐣𝐞𝐜𝐭𝐬:
➢ 2024 BAEKHYUN [Lonsdaleite] IN HO CHI MINH
➢ SUPER JUNIOR-L.S.S. THE SHOW : Th3ee Guys in HO CHI MINH
➢FreenBecky 1st Fan Meeting in Vietnam
➢CHILDREN ART EXHIBITION 2024: BEYOND BARRIERS
➢ WOW K-Music Festival 2023
➢ Winner [CROSS] Tour in HCM
➢ Super Show 9 in HCM with Super Junior
➢ HCMC - Gyeongsangbuk-do Culture and Tourism Festival
➢ Korean Vietnam Partnership - Fair with LG
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2. U
nderpayment of wages is not a new
phenomenon. However, the recent
proliferation of what is being called
wage theft, is occurring across a range of
occupations, labour market segments and
business models.
Employers who underpay workers could be
forced to name and shame themselves with
public signs admitting their wage theft as part
of industrial relations reforms Attorney-General
Christian Porter is considering.
Businesses which fail to prevent wage
underpayment could also be banned from
hiring migrant workers for a period of time, and
company directors disqualified from holding
office.
Over the past 12 months, an embarrassing
list of large corporations have been caught up
in wage theft scandals. Dozens of Australian
employers have admitted to shortchanging
their workers. Australian supermarket giants
Coles, Woolworths, discount chain Target,
Commonwealth Bank, Bunnings, Wesfarmers
and Super Retail Group have all joined the
wall of shame. They are publicly prosecuted
for underpaying their employees, resulting in
millions of dollars’ worth of back payments and
fines.
Recent developments have suggested several
industries in the telecommunications, aged
care, disability care and manufacturing sectors
are also contending with their wage theft issues.
They have found itself on the wrong side of
reporting underpayments to employees.
Based on data from the Fair Work
Ombudsman, PricewaterhouseCoopers
estimates Australian workers are underpaid
$1.35 billion each year, affecting 13 per cent of
the total workforce. In high-risk sectors, 21 per
cent of the workforce is affected.
That means that overall, one in seven workers
are not getting their wages, penalty rates,
superannuation, overtime, and entitlements
such as sick or annual leave paid correctly.
In high-risk sectors, this happens to about one
in five workers.
The root causes for such occurrences often
vary. Typically, they range from an ignorance of
the law to a lack of awareness, the incorrect
interpretation of awards and an overly
complicated Industrial Relations system. The
rather distinct common denominator suggests
the cause is linked to payroll setup.
Incorrect payroll setup can occur via a handful
of different areas. We have classified the main
ones below:
• Incorrect information flowing from HR
(Classifications/Agreements etc.),
• Wrong initial payroll system setup,
• Legacy payroll software making calculations
challenging to administer,
• Set and forget mentality in payroll
departments.
Payroll System Setup
An organisation payroll system setup is the
foundation of its payroll processing, getting that
wrong could land an organisation into trouble.
For example: -
• Pay codes:
Pay codes determine entitlements, tax,
super, and in most cases, payroll tax
liability, and Single Touch Payroll (STP)
reporting. Common areas for errors include
when to use categories as ordinary hours,
associated accruals or Superannuation
Guarantee Contributions (SGC) to
those categories and when something
is considered an allowance. Similarly,
whether allowances are subject to SCG
and more recently, STP reporting rules are
often incorrectly setup.
• Deductions/back payments:
These have a direct impact on employee’s
taxable earnings, Single Touch Payroll
(STP) reporting and tax amount. As we
know, deductions can be before or after-
tax, and specific rules surrounding the
treatment of deductions/back payments
that should not be ignored.
• Leave code/category:
They determine the accrual rate and
entitlement period. The leave code/
category should at least meet the national
minimum standards or state/territory
minimum for Long Service Leave (LSL).
Correctly determining whether a leave
category is paid or unpaid is a common
oversight.
If a payroll system setup is non-compliant,
it could lead to inaccurate leave accruals,
superannuation errors, under/overtaxing
employees, not meeting the organisation’s
company payroll tax or reporting obligations,
among others.
In the long run, rectifying these errors will cost
organisations money, resources and reputation.
A set and forget mentality in Payroll
departments is not a good excuse
It is not uncommon for a modern award to
be updated at least twice in a calendar year.
Therefore there is a need for additional vigilance
within HR and payroll departments on an
ongoing basis with regards system setup.
Organisations need to implement a checklist: -
• “When was the last time the organisation
carried out a system check on the payroll
system?”
• “Has the organisation recently gone through
systems migration and did not sign off on the
setup?”
• “Is the organisation’s payroll system up to
date with changes?”
• “Does the organisation need to review its
payroll process?”
Undertaking System Checks
If you are not a hundred per cent confident your
payroll system setup is compliant or has the
functionality required to process your payroll;
UNDERPAYMENT OF
WAGES – AN ISSUE
TO BE AVOIDED
INDUSTRIAL RELATIONSCOMPLYING WITH CORPORATE OBLIGATIONS
Issue Two | April-June 2020 | MBA NSW 29
3. we highly recommend running a system health
check.
If you do not feel confident you have the
expertise inhouse to perform a payroll system
audit, we recommend reviewing the following
useful tips:
If you are looking at implementing a new payroll
system;
• Engaging a payroll expert removes risk and is
an affordable option;
• Appoint a project manager to be responsible
for the payroll system setup;
• Identify checkpoints/approvals during the
process; and
• Always refer to Master Builders NSW and
Australian Taxation websites for support and
information.
If you are looking at auditing your existing
payroll;
• Review your pay codes, leave types and
deductions;
• Review your manual processes for
automation opportunities;
• Have an internal approval process whenever
a new payroll item is to be created;
• Keep up to date with changes and ensure
your system is updated accordingly; and
• Alternatively, you could engage an expert to
run this audit on your behalf.
Amendments to the Fair Work Act 2009 (Act)
that came into effect in September 2017 place
a reverse onus on employers to disprove an
allegation of underpayment by employees if
the employer has not kept required records.
Employers are required to keep several records
relating to the employment of an employee,
such as payments made to employees and
hours of work.
Other records employers are required to keep
include details such as;
• industrial instrument coverage;
• leave records;
• where relevant, as to the how and by whom
the employment was terminated;
• superannuation payment records, including
any choice of fund nomination, and;
• the nature of the employment (i.e. full-time,
part-time or casual).
Employers need to keep records for at least
seven years, even if an employee has left
employment, as employees have six years to
commence underpayment proceedings.
Since September 2017, a further amendment
to the Act is that a Court can declare a
contravention of the Act to be a “serious
contravention” and impose increased penalties
up to $630,000 per infringement for companies
and $126,000 per infringement for individuals.
A “serious contravention” occurs when:
• the person or business knew they were
contravening an obligation under workplace
law; and
• the contravention was part of a systematic
pattern of conduct affecting one or more
people.
The Fair Work Act requirements for
organisations to implement stringent record-
keeping measures which will minimise
the opportunity for payroll mistakes and
underpayments.
Requirements For Employee Records
An ‘employee record’ for the purpose of the FW
Act includes a record of personal information
relating to the employment of an employee,
including:
• The engagement, training, disciplining,
resignation or termination of employment of
the employee;
• The terms and conditions of employment of
the employee;
• The employee’s personal and emergency
contact details;
• The employee’s performance or conduct;
• The employee’s hours of employment, salary
or wages;
• The employee’s recreation, long service, sick,
personal, maternity, paternity or other leave;
or
• The employee’s taxation, banking or
superannuation affairs.
Employee records must be legible, in English
and can be computerised.
An employee record must include a record of
the employer’s Australian Business Number
(ABN).
Employee records must be accurate and not
be altered except to correct a record with the
correction being recorded as such. An employer
must not make or make use of an entry in an
employee record if the person does so knowing
the entry is false and misleading.
INDUSTRIAL RELATIONSCOMPLYING WITH CORPORATE OBLIGATIONS
Issue Two | April-June 2020 | MBA NSW 31
4. Details required for employee records
The following table lists the details required for employee records that must be kept by an employer.
Category Required Details
General • The employer’s name
• The employee’s name
• Whether the employee’s employment is full-time, part-time or
casual
• The date on which the employee’s employment began
• Since 1 January 2010 – the Australian Business Number of the
employer
Category Required Details
Pay • The rate of remuneration paid to the employee
• The gross and net amounts paid to the employee
• Any deductions made from the gross amount paid to the employee
• A record of hours worked by casual or irregular part-time
employees who are guaranteed a basic periodic rate of pay
• Details of any incentive-based payment, bonus, loading, penalty
rate, monetary allowance, or other separately identifiable
entitlement
Overtime • The number of overtime hours worked by the employee each day
or when the employee started and ceased working overtime hours
if an overtime loading or penalty rate must be paid to the employee
Averaging of Hours • If the employer and employee agree in writing to an averaging of
the employee’s hours of work, the employer must keep a copy of
that agreement
Leave • Details of any leave taken by the employee
• Details of the balance of the employee’s entitlement to that leave
from time to time
• If the employer and employee agree to cash out an accrued
amount of leave, a copy of the agreement, the rate of payment
for the amount of annual leave that was cashed out and when the
payment was made
Superannuation
Contributions
• The amount of the contributions made
• The period over which the contributions were made
• The date on which each contribution was made
• The name of any fund to which the contribution was made
» The basis on which the employer became liable to make the
contribution including:
a record of any election made by the employee as to the fund
to which contributions are to be made
» the date of any relevant election
Individual Flexibility
Arrangements
• If the employer and employee agree to an individual flexibility
agreement, a copy of the agreement and a copy of any notice or
agreement that terminates the agreement
Guarantee of
Annual Earnings1
• If the employer gives a guarantee of annual earnings, a copy of the
guarantee and the period of time to which it relates must be kept
by the employer
• If the guarantee of annual earnings is revoked, the employer must
keep a record of the date on which the guarantee is revoked
Termination of
Employment
• Whether the employment was terminated by consent, by notice,
summarily or in some other manner (which must be specified)
• The name of the person who acted to terminate the employment
Employees and former employees may
access their records
An employee or former employee may request
a copy of employment records, though
employees can only request copies of their
records. Employers should take care that
no access is given to the records of other
employees. Where a record requested by an
employee or former employee is kept at the
employer’s premises, the employer must:
• Make a copy of the record available to the
person requesting a copy at the employer’s
premises within three business days; or
• Post a copy of the record within 14 days of
receiving the request.
Where the record is not kept at the employer’s
premises, the employer must, as soon as
possible after receiving the request, make a
copy of the employee record available at the
employer’s premises or post a copy to the
employee.
Access to employee records by
inspectors
Employee records must be readily accessible
to a Fair Work Inspector and be in a form
that allows an inspector to determine the
employee’s entitlements and whether the
employee is receiving those entitlements.
EMPLOYEE RECORDS
FOLLOWING THE
TRANSFER OF
BUSINESS
Where there is a transfer of business, the old
employer must transfer to the new employer
each employee record concerning a transferring
employee.
Where a transferring employee becomes an
employee of the new employer after the time
of transfer, the new employer must ask the old
employer to provide the transferring employee’s
records. The old employer must comply with
such a request.
Payslips
An employer must issue to the employee a
written payslip relating to each remuneration
payment made by the employer to the
employee. The payslip must be issued within
one day of the payment to which the pay slip
relates being made to the employee, either
electronically or as a hard copy.
The payslip must contain the following
information:
INDUSTRIAL RELATIONS COMPLYING WITH CORPORATE OBLIGATIONS
32 MBA NSW | Issue Two | April-June 2020
5. • The name of the employer and the name of
the employee;
• The date on which the payment to which the
pay slip relates was made;
• The period to which that payslip relates;
• The gross amount of the payment and the
net amount of the payment;
• Any amount paid that is a bonus, loading,
allowance, penalty rate, incentive-based
payment or other separately identifiable
entitlement;
• Since 1 January 2010 – the Australian
Business Number (ABN) (if any) of the
employer;
• The details in respect of each amount
deducted from the gross amount of the
payment including the name, or the name
and number, the fund or account into which
the deduction was paid;
• If the employee is paid at an hourly rate of
pay:
» the ordinary hourly rate;
» the number of hours in that period for
which the employee was employed at
that rate; and
» the amount of the payment made at that
rate
• If the employee is paid at an annual rate of
pay — that rate as at the latest date to which
the payment relates; and
• If the employer is required to make
superannuation contributions for the benefit
of the employee:
» the amount of each contribution made
by the employer during the period to
which the pay slip relates;
» the name, or the name and number, of
the fund to which the contribution was
made; and
» the amounts of contributions that the
employer is liable to make in relation to
the period to which the pay slip relates
and the name, or the name and number,
of any fund to which the contributions
will be made.
Note: while not a statutory requirement, Master
Builders recommends any hours accrued for
annual leave and banked towards a rostered
day off should be recorded on an employee’s
payslip.
Breaches of record-keeping
requirements
Civil penalties apply if an employer breaches
the requirements for employee records and
payslips. The maximum penalty that can be
ordered for each contravention of a civil penalty
provision is $12,600 for an individual and
$63,000 for a Corporation.
Further information
The Master Builders Association has published
Fact Sheets on several other relevant topics.
For further information, please see the relevant
fact sheets at www.mbansw.asn.au – login with
your MBA member login – click on Industrial
Relations and member downloads.
INDUSTRIAL RELATIONSCOMPLYING WITH CORPORATE OBLIGATIONS
Issue Two | April-June 2020 | MBA NSW 33