Here too, you need to check the modern assignment and/or business agreement that is relevant to your employee, but the general rule is that the higher penalty interest rate is considered a rate of pay. If the award or enterprise agreement does not resolve this problem or if the person is an employee without a contract or an enterprise contract and the employment contract is silent on this subject, it is unlikely that they will be forced to take leave without pay for that period. “The worker should receive his or her full salary during the decommissioning phase,” says Nottle. As a general rule, workers covered by a modern attribution and/or enterprise agreement receive penalties for hours worked and/or other non-monetary rights. But Nottle advises reviewing the employee`s bonus or enterprise agreement. A new collective agreement for businesses, which protects the house and keuzung… “There is no additional right to pay for workers not covered by a bonus or enterprise contract, unless their employment contract provides for one,” says Nottle. “If a worker doesn`t have enough annual leave, the modern business or allotment agreement may provide for direction to take unpaid leave,” says Nottle. “I would advise employers to refer to the provisions.” “This will result in significant wage increases for more than 350,000 hard-working retail employees and will have a significant impact on enterprise agreements across Australia`s retail sector. For workers without a bonus or an enterprise contract, the employer may require a worker to take paid annual leave in reasonable circumstances. “An annual leave obligation would be helpful if the employer`s business was closed for a specified period of time, for example between Christmas and New Year,” says Nottle. “It would be a good practice for an employer to send a communication to the worker for at least a month.” Employers must verify the attribution or the corresponding modern enterprise agreement, which covers the employee. The vote on the new domino enterprise agreement…

In general, these agreements allow employees on bonus or business contracts to order an employee to take annual leave during a decommissioning period. “The best practice would be to review the attribution or enterprise agreement, as it could include necessary notice (for example. B four weeks) for the employee,” says Nottle. “For example, if Christmas Day was a Saturday and the employee was entitled to 125% loading for public holidays and 25% on Saturdays, the employee would be entitled to a 125% load,” says Nottle. “Some bonuses or enterprise agreements provide that the employee is entitled to both loads, so the employer must review the corresponding bonus or enterprise agreement.” It should be noted that a full-time officer must always receive his or her regular pay for the public holiday, even if he or she reasonably refuses to work that day.