As anyone in retail will tell you at this time of year, IT. IS. BUSY! It doesn’t matter if you’re working in a physical store or for an online business, there is plenty to do, lots of customers to be helped and stock moving faster than you can repack the shelves or post the orders. So how does all this extra work fit into the allotted hours and what underlying expectations are there on employees?
According to the Australian Fair Work Ombudsman, full-time employees are entitled to overtime rates if they work:
- more than the maximum number of ordinary hours of work (per day or per week)
- outside the spread of ordinary hours outside the roster conditions. This can include: working more than 6 days in a row, not getting 2 days off per week, anything that deviates from your agreed upon contract.
An employer must take into account:
-
- any risk to employees health and safety from working the extra hours
- each employee’s personal situation, including their family responsibilities
- the needs of the workplace
- if the employee is entitled to receive overtime payments or penalty rates for working the extra hours
- if they are paid at a higher rate on the understanding that they work overtime
- if the employee was given enough notice that they may have to work overtime
- if the employee has already stated they can’t work overtime
- the usual patterns of work in the retail industry.
An employee can refuse to work overtime if the request is deemed unreasonable.
Knowing your rights and what is expected of you during the busy holiday period will greatly benefit you and stop your employer taking advantage of you and your working situation. If you are looking for more information, speak to your employer, HR department or check out the Fair Work website at fairwork.gov.au.
Happy Holidays!
Comment