The Festive Season is just around the corner and many businesses are now looking to recruit their seasonal workforce.
The most flexible way to achieve this is to employ casual staff. Casuals are employed ad-hoc and as needed, making them ideal for seasonal roles in various industries.
It is important that employers are aware of their obligations when employing casual staff such as the minimum hours per shift, the casual loading, and the nature of casual work.
The following guide will assist you to meet your legal obligations:
Provide an employment contract that clearly states:
- The nature of the employment is casual and irregular.
- The casual loading is in lieu of any leave entitlements.
- The employee will not have fixed hours, employment is on an ‘as needed’ basis.
- There is no promise of ongoing work.
- Casual employees can resign without giving notice.
Ensure you have workplace policies and procedures in place which set out a Code of Conduct and what you expect from your employees such as sexual harassment, drug and alcohol, use of social media, disciplinary processes, work health and safety etc.,
Upon commencement of employment, provide a copy of the workplace policies and procedures to the casual employee and ensure they sign to acknowledge they have read and understand the policies and procedures.
- Prepare and provide the casual worker with a proper job description which sets out your expectations for the role.
- If you are employing a young person, consideration should be given to any relevant child employment laws applicable.
- Make sure you know which Modern Award will cover the casual employee and the entitlements under the award such as casual loading, penalty rates and minimum hours per engagement.
- The award minimum rate of pay may differ for younger employees based on their age.
- Provide the casual employee with a copy of a Casual Employment Information Statement and make sure the employee acknowledges receipt.
- Casual employees are entitled to a proper induction before they start work and must be taught WHS policies and procedures, and how to use any equipment or machinery that they will be required to use.
- A casual employee is entitled to be paid for any time they attend induction or training.
- If you intend to retain a casual on a regular, systematic, and ongoing basis into the New Year, be aware that some casual employees have the right to become permanent after 12 months.
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