Casual V Permanent Part-time: What it Means For Your Workplace Rights

//Casual V Permanent Part-time: What it Means For Your Workplace Rights

Casual V Permanent Part-time: What it Means For Your Workplace Rights

All workers, no matter where they work and in what capacity, need to know and understand what their employment status means. Whether your experience at work is fulfilling or full of problems; whether you’re a part-time worker or you’re looking for a new casual job, understanding your job status is crucial in protecting your rights at work. Depending on your type of employment, your entitlements will be different, so you need to be fully aware of exactly what it means to have casual or part-time employment.

 


For over 38 years, the PK Simpson law firm has been helping casual and part-time workers get the compensation to which they are entitled –

PK Simpson lawyers have the skills and experience to make sure you are successful no matter what your claim may be


 

Part-time Workers

Part-time Workers

Permanent part-time employees are those who work ongoing and regular hours, but not as many hours as a full-time worker does. The terms and conditions that are attached to part-time work are always specified by industrial instruments and include pro rata entitlements, the spread of part-time hours, and the entitlements surrounding overtime.

 


For over 38 years, the PK Simpson law firm has been helping workers claim their rights and receive the compensation or work conditions to which they are entitled –

PK Simpson lawyers have the skills and experience to make sure you are successful no matter what your claim may be


 

The Criteria For a Part-time Employee

You are deemed to be a part-time worker if you are employed under these conditions:

  • You work fewer than 38 hours each week, and
  • You’re a permanent employee (or you have a fixed-term contract)
  • You have a regular structure of hours

Entitlements such as sick leave, annual leave and carer leave are granted to part-time employees on a pro-rata basis according to the hours they worked. Also, ongoing employment (or a fixed-term contract) must be guaranteed to part-time workers, and to end their employment, they must give notice or receive it.

 


At PK Simpson, we are a personal injury law firm that charges on a No Win – No Fee basis – but unlike some of our competitors, we don’t pick and choose the cases we’re likely to win –

We represent anyone who has a viable claim, regardless of how large or small the claim, arising from injury, loss or illness suffered as a result of negligence


 

Casual workers

Part-time Employee Women

In Australia, there’s no real definition of ‘casual’ in the legislation on employment. In general, it’s accepted to mean a person who works when their employer wants them to work. So, casual workers don’t have job security or guaranteed ongoing work or regular hours. They are offered work on an ‘as needed’ basis.  

The Criteria For a Casual Worker

Casual workers are entitled to a higher rate of pay than permanent or part-time workers receive, and this compensates them for job insecurity and loss of other benefits. ‘Casual loading’, is the term used to refer to this arrangement which essentially compensates casual workers who don’t receive benefits. The loading is normally between 15 per cent and 33 per cent top of the usual hourly rate.

You are deemed to be a casual worker if you are employed under these conditions:

  • You are not guaranteed weekly hours
  • You normally work irregular hours, and
  • You don’t receive annual leave or sick pay

Casual workers are not usually entitled to a minimum notice period before termination, so if you’re casual, you can’t be sacked and you can’t quit without giving notice.

Other Important Aspects

It’s important that casual employees know they can switch to full or part-time employment whenever their employer offers it and that the casual employee agrees to it.  There are some Modern Awards that have casual conversion clauses which mean casual employees can ask to be converted to permanent. This can be after the casual worker has been employed for 12 months at a regular and systematic rate, and if there’s a reasonable expectation that this casual work will continue.

As a long-term casual employee, you can also:

  • Apply for more flexible arrangements around your work
  • And you can ask for parental leave.

If you or someone you know has been denied any of the entitlements mentioned above or if you have suffered injury or illness at work and wish to claim compensation, contact PK Simpson on 1300 757 467 or book an appointment to come and see us to have a chat.

By | 2019-02-05T06:49:17+00:00 February 5th, 2019|PK Simpson Blog|Comments Off on Casual V Permanent Part-time: What it Means For Your Workplace Rights

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