Hi everyone.
I am writing this post in hope that someone knows about work entitlements for Hair Dressers.
I have been working part time as a Senior Hair Dresser for this company for almost two years and never taken any annual leave.
As I plan to quit soon, I asked whether I could claim my unused annual leave.
The owner has told me that, as I am a part time worker, I do not accrue any annual leave.
Is this correct? What should I do? I live in NSW.
Thank you in advance!
I'm pretty sure its 4 weeks not 2 weeks. I've also heard it's 2 weeks in the US which you may be mixing it up with? As it appears you also have spent time in the US from you use of the word 'vacation'.
I agree with the rest of your comment though.
Thank you very much, I appreciate all your answers. I will bring this topic up tomorrow as the owner clearly said I was a part time worker and also told me to tick the part time on the Tax file form.
Contact "Fair Work Ombudsman" if your employer deny you, your right.
Do you have it in writing/text/email that you are part time?
If so-save it.
This is correct. It is 20 days for the full time worker in Australia.
Thank you!
If you are permanent part time, you should get pro-rata leave as per your award.
If you are casual 'part time' then there is no leave.
If he's casual then his employer should be giving him a 15%-25% loading instead. Either way I think he's being swindled.
@rump parliament:
Thats 15-25% on the minimum award rate. He might be getting more than that.
However, your employer may not be allowed to keep you as a casual 'permanent' employee just to avoid benefits
http://www.hwlebsworth.com.au/latest-news-a-publications/pub…
Best to read the relevant award first. Also your payslip should mention casual not part time. A part time employee has all the same rights as a full time employee, if not more, as they get the same 10 days sick pay
You would come under an Award which sets the conditions of employment together with the National Employment Standards (NES). You can get knowledgeable yourself and look up what you should be paid by going online to the Fair Work Commission - just googling it brings it up. https://www.fwc.gov.au/documents/documents/modern_awards/awa…
This is the Modern Award for Hair and Beauty Industry Award 2010 which your employer (and it applies to all hairdressing businesses throughout Australia) should have used for your conditions of employment. A casual is paid an additional 25% of the award hourly rate but will not receive payment for annual leave or sick (personal) leave. If you have been working to a roster that has been the same days every week and the same number of hours every week - then you really are part time. The purpose of casual is to cover the ebb and flow of busy times and slower times in business. So it really does come down to the normal working week and what that looks like for you to determine whether you should be paid part time or casual. The conditions of employment for a full time person and a part time person are the same with leave paid on a prorata amount. And Australians receive 20 days annual leave per year which is accumulates meaning that what ever is left over in a year continues into the next year. People who bank up annual leave costs businesses a lot because with every year carried over they will have to pay out more due to pay increases.
Annual Leave Entitlements:
The current entitlement is 152 hours (4 weeks) per completed year of employment.
Annual Leave–accrual
The entitlement will accrue at the rate of:
1. 152 ÷ 52 weeks = 2.9231 hours per week (including paid annual, sick & long service leave). This
weekly accrual is only for full-time employees.
2. 2.9231 ÷ 38 (hours per week) = 0.0769 hours per hour paid (including paid annual, sick & long
service leave).
The hourly accrual figure is used for calculating accrual for both part-time and full-time employees.
Thanks for the detailed reply.
I will definitely not let this go by.
Some people here mentioned something about casual part time? Is there such thing?
I rarely get any payslip, but definitely get paid part time rate.
I will contact the owner and got to wait and see what happens.
No, there is no such thing as casual part time. It's either or. Sounds like they're treating you as casual but paying you as part-time, which is wrong.
@samcro: there might not be any such thing but the words are used loosely when it comes to employment - and depending on the employer and use of English, there might not even be any understanding about the actual differences.
Depends if you are employed as part time, or in fact Casual. Part Time does accrue annual leave. If they dont give you the annual leave, they should pay you the amount owed when you leave.
I think you have that backwards. Never mind I just read your statement backwards, carry on.
Casual no , part time yes . Check your employment contract .
I actually have not received any employment contract, but have worked consistently for the past two years. I do pay tax, but maybe the company is just being dodgy?
That doesnt answer the question if you are a partimer or casual.
Sorry, I am a part time, but do not have an employment contract. I however have a text message from the owner saying I am part time.
@rivercard: then it would come down to your rate of pay, and whether you've been paid a part time rate, or a casual rate, can you check your award rate?
@rivercard: are you permanent part time? meaning you have fixed hours at fixed time slots every week? or are you the casual part time where they give you what ever hours or call you in when you're needed. my understanding of permanent part time is where you have fixed hours and that you do and get annual and sick leave.
@chillwok:
You could be a casual with fixed hours each week (even full time hours) but you would be paid the higher casual rate. If rivercard is being paid the casual loading, they are a casual.
@chillwok: Is there such thing as casual part time? I have only been told part time and been paid as a part time.
[@rivercard](/comment/3833911/redir There is no such thing as casual part time. Casual employees do not accrue sick leave and annual leave and do not get paid for public holidays (they do however accrue long service leave), casual employees do not generally have regular hours however some do (having regular hours and days can mean that you could be considered part time and request to be made part time so for this reason employers try not to have a casual with the same shifts for too long a period).
Part time and full time have the same entitlements and rate of pay and accrue all leave. A part time employee should work the same times every week and for the same hours however this can vary also. If a public holidays falls on a day you regularly work then you will be paid for that day as if you had worked.
Part time has become the vernacular used for anyone that works less than full time however casual and part time employees are very different with different entitlements.
You can generally never receive less than the award entitlements and if there is any ambiguity or you are unsure if you have been treated fairly then Fair Work can guide you, their website is pretty good.
well my understating is people might say they work part time (casually) but are getting casual wages. just a figure of speech. unless you refer to it as permanent part time, or continuing part time job. when i refer to wages then definitely there is a difference between casual and part time wage.
hmm it sounds like you were employed as a Casual Worker but your owner doesn't know the difference between either. Without a contract, it's your word against theirs……sucks really
Like a few have said, check your rate. Casuals are generally higher than part-time workers because they don't have entitlements.
Not generally higher…. they SHOULD be 25% higher always.
In a large company you could go to the human resources department and get them to work out the leave calculations. In a small business, I have no idea who is responsible for figuring out acrued leave entitlements. I guess figure out who does the payroll books and talk to them.
Thank you! It is a small business, I guess I need to talk over with the owner.
Sounds like someone is making you work part time so they can pay you less, and then hoping you won't complain about the leave (which you should've noticed isn't being shown on any payslip… ).
Have they paid you sick leave before?
They can get in big shit if they get dobbed in, and will likely have to backpay all the workers they've screwed over. And no doubt they've altered their books for the ato.
If the owner doesn't back down and pay you, you should definitely complain to the relevant authorities.
Thank you. I will text the owner tomorrow and see what they have to say about it. I really appreciate the help in here.
No I have never been paid sick leave. Although I am part time the roster changes every two weeks and I do not have any certain hours or days. Even when I took a bereavement leave I did not get paid.
Would you also know if I should have been paid Super? or does this depend from work to work?
Yep definitely super is a requirement also.
I'm amazed they're not just paying in cash!
I could probably guess the owner's nationality also…
Screwing workers is, unfortunately, prime in many nationalities of small business owner.
It has been a bit weird from the beginning. I am often paid cash but also by bank transfers.
It is an Australian business with an Australian owner.
I will claim my super as well!
Thanks again!
Inmy time in hospitality, I had to take three white bosses to the ato for incorrect pay rates and unpaid super. What's your point?
As you don't have a contract regarding your shifts you are 'casual' and do not receive annual or personal leave. Sounds like you've been taken advantage of. You still should have been paid super though. You should be being paid at a higher rate than part timers and full timers though.
As you plan to quit anyway you should fight for any entitlements you should have received.
As he said, you also need to check you've been fairly paid - as a casual, you should be paid more than a part-timer to make up for the loss of entitlements.
Sounds like you're a casual and not a part-timer though.
Fair work ombudsman should be your first call, then a community legal centre. Try to gather your pay slips as it will help figure it out.
Thank you, I will fight for it! Been paid part time rate, but not getting any super, annual leave, sick leave or bereavement leave.
HellO you might want to check out the fairwork website.
https://www.fairwork.gov.au/employee-entitlements/types-of-e…
Thank you
permanent part-timers are entitled to annual/sick leave.
that is not true.
It's hard to say without an employment contract.
You might think you're a part timer and working as one. However the owner might consider you a casual worker who gets regular and fixed roster.
Permanent Part time gets annual leave and sick leave as Permanent Full time does, just less.
And everybody gets paid super. Unless you're not paying tax and receiving cash of course.
And everybody gets paid super. Unless you're not paying tax and receiving cash of course.
And are earning more than $450 a month.
The owner has said I am a part time, and I have it on my text message.
I do receive my pay in cash often and also bank transfers, but I did file a Tax File form and have been paying tax lawfully.
What I meant is the employer can tell you that you are a part timer but technically keeping you as casual. Without an employment contract it's hard to say
As in, this boss tells you he's withheld tax for the ato???? Or are you getting a notice of assessment each year?
No, I actually did get a notice of assessment in the previous year. Waiting for another one this financial year.
Really big range of incorrect advice here.
Permanent staff regardless of how many hours they work are entitled to paid annual leave and paid sick leave. You can check your award for details. The award is the binding document that legally sets the minimum employment conditions for your role.
Casual employees are employees who are not permanent, but they can work full time hours or fewer. Casuals do notget paid leave, but are paid 25% extra per hour worked to make up for it. So even with no contract, you should be able to check your pay rate to establish if you have been paid as a permanent worker or a casual.
You are almost certainly covered by the Hair and Beauty Industry Award 2010.
You should check the pay guide here:
https://www.fairwork.gov.au/ArticleDocuments/872/hair-and-be…
Note if you were employed as a senior hair dresser, you cannot be paid only at lower levels. You should probably be paid at Level 5, depending on your qualifications and duties.
You can read the whole award (don't be put off, it isn't as complex as it initially seems) at:
https://www.fwc.gov.au/documents/documents/modern_awards/awa…
The classifications for determining pay rates are at the end in Schedule B.
Note you may be entitled to allowances depending on where and when you work.
Part 6 deals with leave, but basically, if you work on average 3 days per week, you must be entitled to 12 days (4 times your usual weekly hours) of paid leave.
Thank you so much for your detailed answer.
I will get in touch with the owner and see what they have to say.
Make sure to provide an update!
Yeah will do. So far no reply yet.
25% extra, so much more.
So someone on $50/hr permanent earns $98.8k and the same person on casual gets $114k (takes 4 weeks off unpaid) Extra $15.2k!
And if they done take those 4 weeks off - $123.5k - Extra $24.7k!
Wowzer
No sick pay, no holiday pay, no redundancy pay for starters.
Most casuals top out at $30 or so an hour, very few would be on a base pay of $62.50, especially as it is pretty usual for casuals to experience a fair bit of variability in their hours. So you might make more it you are both working 40 hours, but if one week it is 40 hours, then the next it is 25 you have to live with it. It is hard to get a 15 hour a week job to make up the difference, for example.
But even so, the employer can choose to employ somebody as a casual if they value the flexibility (say they want to vary hours a lot, or think the role is likely only for a while) or permanent if they want to save wages but have ongoing obligations for leave etc.
In a career role I would most likely take permanent pay, even with the lower hourly rate for the other benefits.
ALL workers should be paid super, no matter if casual, p/time or fulltime. Contact the ATO. They will investigate on your behalf, collect the monies owed, and even deposit it in your nominated super acc. Then they will charge the bosses, excellent.
From your statement I gather you have never dealt with the ATO, if only they were this efficient! In my experience, they will do nothing.
I more likely have to take this up with FairWorks Ombudsman, depending if they pay me or not.
Gday, I have dealt with the ATO on this very subject. The business owner even changed names, but ATO collected all the monies i was owed per super, and deposited in my nominated super acct. It is slow, but they do get results, otherwise i would not have posted my suggestion.
Glad you got a good result, my experiences were vastly different.
Cheers! I do not wish to cause any trouble for the company, but just want my pay rights! Thank you.
But what about your poor colleagues?
Get them their hard earned super/leave hand them one of these
https://www.ozbargain.com.au/node/256199
It is strange. Some of them actually do get annual leave. But the owner replied before saying it was because they were apprentice, while telling me that as a part timer I do not accrue annual leave.
2 years working there and you`ve never enquired or asked questions before?
Bit late now, shutting the gate after horse has bolted.
You don't know what your working or what your employment is, after 2 years.
These are questions asked and confirmed at interview or first day/week on the job.
Time to be more pro active in your situation.
Hopefully you get it resolved quickly.
Alot of different opinion and advice given above, none of us really know your situation, neither do you yourself either.
You've obviously been happy in the situation, or just complacent for 2 last years.
Yes I guess I have been complacent. Not really happy with the situation, but I was desperately looking for job that time and did not want to risk anything. I am not writing here to get support as it is my fault not enquiring about this earlier, but will just do what I can do at this stage after realizing not being paid rightfully. I appreciate any comments here. Thank you as well for your time and reply.
I would hope the FWO will fight for you regardless.
It might get tricky if there is no proof of what hours you worked and you got paid cash with no payslip
Lets hope the boss does the right thing, otherwise you could expose how he is being dodgy with all his employees and his tax
I strongly recommend that everyone checks out that they are being paid the correct amount, that they know their entitlements which includes a contract of employment. Just leaves the door open for your employer to rip you off. All small business owners have been warned by the FairWork Commission (FWC) that ignorance is no excuse not to provide a contract of employment or not to pay their staff the correct rates of pay. The FWC will fine businesses that do the wrong thing.
When you go to your next job - make sure that they provide you with a Contract of Employment. You should always know the hourly rate, if you are casual, part time or full time, the Award you are paid under as an absolute minimum.
I can't believe the amount of mis-information on this post about basic entitlements and conditions of employment. It doesn't mean that you become a militant unionist. Understanding the legislation about employment means that you take an interest in this so that you know and can check that your employer is following the rules agreed to by many industry committees with many many hours of consultation and negotiation which gives Australians the minimum standard of employment and rates of pay - bundled up into an Award, for each particular industry.
Wow - Australia is not an undeveloped country where bribery and corruption is rife and people receive the equivalent to $6 per month working in grotty factory conditions.
How many people know the rate of superannuation that every employee, over 18 and paid > $450 per month before tax, should be paid? Hands up those who don't and wouldn't know how to check?
How many people don't get a pay advice slip within 24 hours of being paid? Do you know what should be printed on there?
"Wow - Australia is not an undeveloped country where bribery and corruption is rife and people receive the equivalent to $6 per month working in grotty factory conditions."
Maybe not $6 a month but you would be surprised what people will get up to. Even in AU. There is corruption everywhere!
Hi goodcopbadcop,
It might be the FWO you're referring to, the FWC just deal with unfair dismissals/general protections /bullying and other non monetary disputes, not underpayments.
The FWO on the other hand do occasionally fine businesses (serve Infringement Notices)though these are only for record keeping contraventions. Mostly they just help to educate and mediate, the FW Act doesn't provide the power for them to fine an employer for say underpaying or not providing annual leave. A handful of cases get taken to court each year but ultimately it's only a judge that can impose penalties for an employer underpaying.
I agree knowing the law is a good first step but the reality is for a lot of workers in particular industries (such as hairdressing) minimum entitlements are not always provided.
op, how much is your hourly rate?
are you casual or part time, there is a difference.
Part time gets annual leave (pro rata) , sick leave) , casual doesnt get these but get a higher hourly rate.
Part time, or at least I get paid part time rate. The hours and days I am working are changing each week though.
Contact fair work Australia. Don't be scared about it they are really nice to deal with.
You could send them a message on Twitter , I did when my son wasn't getting paid penalty rates. Twitter will only be general advice though, specific to you really needs you to call them.
Start gathering all info, even if you just write it in a diary. Times, pays, what the boss said exactly etc.
This question is probably not best for a forum as you need facts, not opinions. Even if the opinions listed are well intended, many are wrong. To confirm some general info for you:
1: 99.9% of part time employees in Australia are required to get paid leave. To calculate your annual leave balance, google leave calculator. Its on the Fair Work Ombudsman website. Yes it is 4 weeks per year. So for example if you work 20 hours per week, you get 80 hours per year. (oh and the other .01% are for employees still covered by registered agreements made prior to the FW Act that had 'rolled up' rates. Technically due to a decision by the FWC in 2014 employees should receive paid leave instead of a rolled up rate, though this is something for the courts).
2: In general, employees do not have to have an employment contract. Sure it's better to have one though this is not a legislative requirement. There is however a requirement under the Hair and Beauty Award 2010 for a part time employee to have a written document stating hours per weeks and start and finish times (no need to put $$ amounts in this, hence not a contract)
3. Print out or save the PDF from the leave calculator and give it to your boss. If he doesn't want to pay your leave you can ask him instead for the extra 25% casual loading…. trust me the leave will be a much cheaper option for him unless you only worked weekends.
4. You work in industry with a lot of people who either don't know the rules or don't care for them.You will probably see much the same in your next employer.
Thanks for your straightforward answer.
I have been working regularly 2 to 7 days a week for almost two years.
I had some unpaid leave when I went on holiday.
I have been provided payslip only a few times during my time there.
On the rare payslip a received (last one was about a year ago) it did say the business was paying me super, but I have never provided any Super details or been notified of any accounts being created for me.
I appreciate you are trying to help, but as you say, facts are what is needed. Part time permanent staff are almost always eligible for paid leave, part time casual staff are generally not. There are more part time casuals than part time permanent workers, so saying that 99.9% or part timers are entitled to paid leave is misleading.
There is no such thing as a part time casual employee. You're either casual or part time. Your comments are very typical though of the average misinformed employee in this country.
Thanks for the vote of confidence. Do you understand that there are workers employed for a complete work week who are working full time, and others that work fewer hours, working part time?
The two types of remuneration are permanent and casual, you are making the same sloppy naming errors you are accusing me and the average employee of making.
On the bright side, I'm not claiming to be an IR pro, so any error you detect in my comments are a bit less embarrassing.
Lmfao. Read your contract!
Seems like a lot of people here have never worked in small business.
Contracts generally don't exist
Seams like a lot of people are working illegally.
Hint. If u havnt been paid on a public holiday or for a sick day , you are casual and get no entitlements.
If after 3 years ur still casual u have a right to go perm part time and get your benefits.
A lot of people are taken advantage of. Don't blame the victim
Hi mate…
There are two possibilities as mentioned above (irrespective of what your employer has said to you):
You are a part time employee and should have received paid annual leave and personal leave. Bereavement leave is not a requirement. When you leave employment, you would be entitled to your unpaid annual leave only.
You are a casual employee. You should have received the higher pay rate from the Modern Award. This would have compensated you for the entitlement you don't get.
So either you've been underpaid as a casual, or, you should have received paid annual leave. Your employer cannot pay you part time rates and not provide paid leave.
In real-time to super, it doesn't matter whether you have a full time, part-time or casual job, if you're over 18 and you earn more than $450 (before tax) in a calendar month, your employer should pay super contributions for you (9.5% of your ordinary earnings).
Finally some simplified accurate answer here.
Another note, for reference purpose, even if you're on an ABN and if your 60% and above of your annual income are from the same employer - the employer will have to pay Super (9.5%). This was confirmed and clarified with FW and ATO
Thank you for the simplification. It is definitely something wrong going on here. Waiting at the moment to see what the owner has to say about it.
I would suggest you print out the following
https://www.fwc.gov.au/documents/documents/modern_awards/pdf…
State to your employer that you have referred to fair work Australia website and that you are clear on your entitlements (based on my earlier post).
Make it clear that you know you are entitled to super and annual leave as a part time employee.
If you're employer states that he doesn't think so, then tell him he is getting confused with casual. And even then you should have received super and…
For all work between 7.00 am and 9.00 pm Monday to Friday, a casual will be paid both the hourly rate for a full-time employee and an additional 25% of the ordinary hourly rate.
13.3 For all work performed outside the hours in clause 28.2, except Sundays, a casual employee will be paid the hourly rate for a full-time employee in this award plus 50%. For Sundays, the additional loading will be 100%.
This thread is just another example of how the average worker knows very little about his or her working rights (in fact business owners usually aren't sure either). It's funny how they teach you about particle motion in high school, yet you can go through your entire education without having heard of awards or Fair Work Australia. There really should be a mandated civics/life-skills/commerce class for all students. There isn't nearly enough guidance for school leavers, migrants, indigenous people and people from low socio-economic backgrounds.
It gets even worse when it comes to complex topics like taxation, law, politics and history.
We do get taught this.
OP, do you get taxed on your income or is it a "cash in hand" job?
I get taxed.
OOOPS, looks very dodgy owner, sorry to hear that OP.
Whatever your award is, you (or your employer on your behalf), need to pay your tax accurately. So check and compare your pay rate with someone who HAS a contract before and after tax.
Since you do not have a contract nor a payslip, then it is the owners word against yours and since your hours and shifts are changing you are definitely casual but if you earned more than $450 a month, you are still entitled to have your Super deposited to your nominated Superfund no matter which award you are on. With that being said, I do not think that sneaky owner left any possibility for paying super, I guess you are earning less than $100 a week? Giving that you have not had any paid leave or sick leave and you never claimed anything the owner has an advantage over your claim if there is no other evidence. When you refer to part time you and the owner probably meant casual part time and he can claim it was what he meant when used such a word in a text message. After all, without a contract, it is very hard to prove anything but it was a misunderstanding between you and the owner.
I personally think you could talk to the owner and see if he is happy to work out something for you or inform you, then you can leave it as your lesson or sue the owner for misleading if you have the money, time and evidence otherwise I don't think it is worth the hassle.
Yeah I want to see if we can work something out first.
Thank you for your reply.
I am also trying to figure out more about the Super, because it says I was getting paid Super on an old payslip.
Just have not heard about an account being created for me, neither have ive been asked for my Super account details.
Looks more suspicious than dodgy then, ask for your entitlements and your verbal contract details then fact check them against what you have received plus your Super details, (I check my super every month). Seek some advice depending on your situation and all your entitlements. We don't know the details nor the other side of the story. The owner might be very dumb or smart. Wish you find out that you have been treated fairly.
Wouldn't you have checked this week 0 and demanded it in writing, or at least wanted on your pay slip
sounds like a cash in hand job, you don't deserve any payouts..
If you read through, it is not cash in hand. I get my notice of assessment and get my taxes deducted.
The owner would pay cash to hide his own income, not help the employee
No, unless you're under some special award, part timers accrue leave at a rate relative to the hours they work. For instance, a full time worker works 38 hours a week and gets 2 weeks vacation. If you worked a consistant 19 hours a week, after a year you should have 1 week annual leave. 19/38 *2 = 1
The owners just being a dirty bedwetter.