The vexed issue of how to calculate statutory holiday pay (in respect of the 4 weeks’ EU-derived statutory entitlement) has finally been considered by the Court of Appeal in Flowers v East of England Ambulance Trust. While much of the judgment concerns the correct interpretation of the contractual right to holiday pay (which was held to … Read more
The model clauses proposed by the Fair Work Commission are fundamentally different from the previous clauses, and indeed from any regulation previously proposed. They require a radically different approach. They are extremely prescriptive. They will impose a number of significant administrative burdens on employers covered by those awards. These administrative burdens will undoubtedly impact the … Read more
The Australian Labor Party has a broad industrial relations platform that it is promoting in the lead up to the federal election. However, one key policy that has been set since early 2018 is a ‘crackdown’ on what is described as the ‘casualisation of Australia’s workforce and insecure work’. This ‘crackdown’ will likely involve increased … Read more
The deadline for the second year’s gender pay gap reports has now passed, with roughly the same number of employers as last year’s total meeting the deadline (and almost half of them doing so in the last week). Just over half of private companies have reported gaps that are higher or no lower than last … Read more
Under PRC law, employers are required to pay social insurance premiums for employees. The social insurance premiums cover basic endowment, medical, employment–related injury, unemployment and maternity insurance. Non-compliance with these requirements can result in administrative penalties, claims by employees and other measures taken by government authorities, and cause significant reputational damage. It was originally contemplated … Read more
Our colleagues at Greenwoods + Herbert Smith Freehills have published their latest Employment Taxes Update, including commentary on the recent Federal Budget announcements. Click here to learn more. Read more
The Employment Appeal Tribunal has ruled that ‘Bad Leaver’ provisions in Articles of Association requiring forfeiture of shares were not subject to the law on penalty clauses where triggered by an employee voluntarily resigning on notice, as repayment did not arise on a breach of contract. The fact that the employee had separately contracted not … Read more
Our financial services team have posted an update on compliance obligations for annual leave loading and superannuation guarantee obligations. Click here to discover more. In addition, our colleagues at Greenwoods + Herbert Smith Freehills have posted their article Superannuation Guarantee owed on Annual Leave Loading. Click here to read their article. Read more
