Australia- Worker Benefits

Today’s post will focus on Australia. My information comes from International Labour Organization and Australian Government Fair Work Ombudsman.

Australia – Working time – 2011

Daily hours limit

The Fair Work Act 2009 does not impose a limit on daily working hours.

Weekly hours limit

The National Employment Standards prescribe the maximum weekly hours of work.

General limit

An employer must not request or require an employee to work more than the following number of hours in a week unless the additional hours are reasonable:

(a) for a full-time employee – 38 hours; or

(b) for an employee who is not a full-time employee – the lesser of 38 hours and the employee’s ordinary hours of work in a week.

Limits on overtime hours

The only limit on overtime hours prescribed by the Fair Work Act 2009 is that additional hours requested or required by an employer are to be reasonable. An employee may refuse a request to work unreasonable additional hours. Further limitations may be prescribed by the relevant award or enterprise agreement

Determining if Additional Hours are Reasonable

In determining whether additional hours are reasonable or

unreasonable, the following must be taken into account:

(a) any risk to employee health and safety from working the

additional hours;

(b) the employee’s personal circumstances, including family

responsibilities;

(c) the needs of the workplace or enterprise in which the

employee is employed;

(d) whether the employee is entitled to receive overtime

payments, penalty rates or other compensation for, or a level

of remuneration that reflects an expectation of, working

additional hours;

(e) any notice given by the employer of any request or

requirement to work the additional hours;

(f) any notice given by the employee of his or her intention to

refuse to work the additional hours;

(g) the usual patterns of work in the industry, or the part of an

industry, in which the employee works;

(h) the nature of the employee’s role, and the employee’s level

of responsibility;

(i) whether the additional hours are in accordance with

averaging terms included under section 63 in a modern award

or enterprise agreement that applies to the employee, or with

an averaging arrangement agreed to by the employer and

employee under section 64;

(j) any other relevant matter.

Vacation and Leave

4 weeks paid leave per year, plus an additional week for certain shift workers.

10 days paid personal/carer’s leave per year

2 days unpaid carer’s leave (when needed)

2 days paid compassionate leave (when needed)

12 months unpaid parental leave (plus extra entitlements for some employees).

Argentina- Worker benefits

As I promised in my first post I am researching other countries labor laws. I hope to eventually check all 134 countries that set limits on the lengtht of the work week. I have decided to start with the G-20 members. I will do one at a time to keep the length of the post down and give myself time to research. Today is about Argentina, my information comes from International Labour Organization and Ministry of Labour, Employment and Formation of Human Resources (using a translator program, since my Spanish is very limited).

Argentina -Working Time- 2011

Daily hours limit

General limit

The hours of work shall not exceed 8 hours per day.

The hours of work shall not exceed 48 hours per week.

Exceptions

The limitation of 8 hours does not apply to workers holding responsible positions, when the work is performed in teams, or in cases of accident, urgency, or force majeure (unexpected or uncontrollable event) ,when the work cannot be made during normal working hours.

The limitation of 48 hours does not apply to workers holding responsible positions, when the work is performed in teams, or in cases of accident, urgency, or force majeure, when the work cannot be made during normal working hours

Special categories

Night work

The hours of night work shall not exceed 7 hours per day.

Where hours of night work are combined with hours performed during day time, the limit of working hours shall be proportionally reduced by 8 minutes for every hour of night work.

 In cases in which the work is carried out in unhealthy conditions, the hours of work shall not exceed 6 per day.

 In cases in which the work is carried out in unhealthy conditions, the hours of work shall not exceed 36 per week.

Shift work

The 8 hour limit can be exceeded, provided the average hours worked over a three-week period do not exceed the 48 hour weekly limit.

 The 48 hour limit can be extended, if the average hours worked over a three-week period do not exceed the limit.

The hours of work in any individual week must not exceed 56 hours.

Young workers

It is not permitted to employ young workers (16-18 years old) more than 6 hours per day.

With the permission of the relevant government authority, young workers (over 16 years of age) may work up to 8 hours per day.

 It is not permitted to employ young workers (16-18 years old) more than 36 hours per week.

With the permission of the relevant government authority, young workers (over 16 years of age) may work up to 48 hours per week.

Agricultural workers

The 8 hour limit does not apply to agricultural workers.

The 48 hour limit does not apply to agricultural workers.

Domestic work

No daily limit applies for domestic workers. *

No weekly limit applies for domestic workers.*

*The Congress of Argentina approved on 17 March 2011, a Bill for discussion in the Senate regulating the working conditions of Domestic Workers and modifying the current Act on Employment Contracts. This Law will considerably change the working conditions of these workers in many aspects, among others, the limits in the daily hours of work. However, these modifications are not included since they are not yet implemented.

Vacations                                                                                                                                                                                     Vacations or regular annual license is awarded annually by the employer to the worker, continuous and remunerated, rest periods and annual leave vacation is called.

 The number of days of rest will depend on length of employment:

Less than 5 years: 14 days.

More than 5 years and less than 10 years: 21 days.

More than 10 years and less than 20 years: 28 days.

More than 20 years: 35 calendar days.

 Employee must have rendered services, at a minimum, half of the working days in the calendar year. If you fail to complete the minimum time, rest period which shall be calculated in the following way: 1 day of rest for every 20 days of work.