Employement Law

The Prevention of Work Accident

Work Accident is an unexpected accident causing losses of properties, body injuries, disabilities and even death. Work Accident is accidents occurred due to the employment relationship, (happen for a job or perform a job).

The conception of work accident causes

– Before the Industrial Revolution:

Work accident happened because of fate solely, so at that time there was no rational attempt aimed to prevent accidents.

– At Industrial Revolution era in 1931:

Herbert W. Heinrich with his theory (Domino Accidents), He said that the most accidents (- 80%) were caused by human factors or in other words human actions that are not safe.

The causes of accidents

Based on the conception mentioned above, the causes of accidents consists of

5 factors:

A. Human

B. Management

C. Materials

D. Machine

E. Field (workplace / work environment)

All these elements are interconnected and forming a system. The imbalance in one or more element will cause accidents or losses.

A. Human elements

– There is no harmony between labour and the leader of a company. For example, there is an indifference of the corporate leaders in providing safety supplies to protect workers from various accidents that may occur.

– Lack of knowledge / skills

– Physical / mental disability

– Lack of motivation

B. Management Elements

– Lack of supervision

– The organizational structure is unclear and less precise

– Error operating procedures

C. Materials Elements

– The presence of toxic and flammable materials

– The existence of materials that contain corrosive

D. Machine Elements

– Disabilities when the manufacturing process

– Damage due to processing

– Error planning

E. Field Elements

– Bad Lighting (glare or dark)

– Bad ventilation and bad housekeeping

Accident prevention

Based on the description above, then can be concluded that work accidents can be prevented by the following steps:

1. The corporate leaders must consider the safety of workers by providing security equipments in working such as: safety glasses, helmets, safety vests, and so forth. These security tools should be provided by the company to maintain the safety of workers.

2. The selection / placement of staff should be appropriate in order to obtain a harmony between talent and physical abilities of workers with their jobs.

3. Good maintenance of workplace so be clean and safe for workers.

4. Planning of job placement is according to the human capabilities.

5. Making hazard control system.

6. Implementation and monitoring of the safety policy. Companies should provide the proper and complete safety supply to ensure the workers safety.

7. Making monitoring system to determine the existing of imbalance.

Finally it can be concluded that in preventing workplace accidents must be done by all parties, such as business owners, corporate managers, machine operator, and also the workers themselves, in other words “THE PREVENTION OF WORK ACCIDENT BECOME OUR COLLECTIVE RESPONSIBILITY”.

Is Emplyment Agreement is Important For Employer And Employee?

Employment agreement is an important document that creates and regulates the relationship between employer and employee. Employment contract must be clear and concise in all aspects. Law does not say that employment agreement must be in written form but the tribunal, courts prefer the written form of the employment agreement. The employment agreement must describe the nature of the job of the employee.

Australian employment law has been changed since the enforcement of Fair Work Act 2009. It is the duty of the employer that he must incorporate all important provisions of the employment whether the contract is based on common law or on award.

Employment agreement must state that whether the agreement is based on common law or on Far Work Act 2009. Australia law recognises the both types of agreement but it essential that if the contract is based on common law then it must incorporate the provisions of national employment standards (NES).

The principal object of the employment agreement is to explain and define the rights and liabilities of the employer and employee. The employment contract must contain the following important paragraphs (NES) in order to attain recognition under the law. Such as:

Maximum weekly hours;

Annual leave;

Parental leave and related entitlements;

Requests for flexible working arrangements

Personal / carer’s leave and compassionate leave

Community service leave

Long service leave

Public holidays Notice of termination and redundancy pay

Provision of a Fair Work Information Statement.

Fair work Act applies to every structure of the businesses whether the business is incorporated in Northern Territory, Victoria, and ACT. Fair Work Act 2009 extends to whole Australia.

Employer cannot enforce the employee to work more than 38 hours in a week. However opt out agreement can be made between employer and employee to work more than 38 hours a week.

In Australia, the rate of national minimum wage is $15.51 per hour or $589.30 per week. There are different rates of national minimum wage for junior employee (those are under the age of 16) and for apprentices.

The permanent full-time employees are generally entitled to at least:

4 weeks paid annual leave

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 (with additional entitlements for some employees).

Under the National employment standards, Employees, including casual employees, are entitled to take leave to carry out certain community service activities such as jury service or voluntary emergency management activity.

Employees have the entitlement to make a complaint to work ombudsman if the employer deprives them from the: Pay Leave; Workplace rights.

Employment contract must not violate the any requirements of the statue. Both employer and employee can sue each other for the damages in case of breach of employment contract. There are number of situations under which employment contract can be terminated. Such as;

Fulfilment of the task;

By operation of law;

Expiry of the term;

By mutual consent;

Dismissal.

Employee must read and understand the each paragraph of the employment agreement. Because once it is signed, it becomes the legal agreement.

Net Lawman provides the following types of employment agreements. Such as:

Employment contract:

senior standard

This is a standard, comprehensive employment contract for any senior, full time employee in any line of work. Its suitability for senior employees comes about because of the additional and broader provisions to cover intellectual property matters and other areas where a senior person may have scope to damage the business in the event of a dispute.

Employment contract: casual worker standard This is a standard, comprehensive employment contract for any casual employee in any line of work. It does not seek to provide set minimum requirements allowed under any particular Act, but instead, provides a sound contract of employment under the common law system.

Employment contract: fixed term senior staff This is a standard, comprehensive employment contract for any fixed term, senior employee in any line of work. Its suitability for senior employees comes about because of the additional and broader provisions to cover intellectual property matters and other areas where a senior person may have scope to damage the business in the event of a dispute.

Employment contract: standard Common law employment contract, suitable for all junior and middle ranking staff in any type and size of business.

Editor notes:

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Touch Your Compensation For Accident at Work

Touch your compensation for accident at Work

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