Everyone
Hours of work
An employee’s hours of work must be agreed to by the employer and employee in a written employment agreement.
Employee work hours and rights
Hours of work in the A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement.
- the number of hours
- the start and finish times, or
- the days of the week the employee will work.
Employment agreements must fix the maximum number of hours to be worked by the Any person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’). Any hours an employee works over and above their normal weekly hours. An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’).
What activities are ‘work’
There is no strict definition of ‘work’. Work may include any activity where there are:
- constraints on the freedom of an employee
- responsibilities placed on an employee, and/or
- benefits to the employer.
Generally, an activity will be work if it is “an integral part of the principal activity”.
Some examples of work include time spent in:
- after-hours team meetings
- opening and closing businesses
- cleaning and tidying up
- on-the-job training
- product familiarisation.
Vinod just started as a sales assistant in a shop. Before his first shift, he was told to attend a staff meeting each day to discuss current promotions and find out about new products. Attending the meeting is not included in his employment agreement. This meeting would take 30 minutes before the start of business each day.
While these meetings are quite informal, there is an expectation that Vinod will attend the meetings. Vinod has constraints placed on his free time. He has a responsibility placed on him because he is expected to listen to what is being said. And the employer benefits from his attendance at the meeting. This is work and Vinod must be paid for it.
Working overtime
Employee work hours are agreed to in an employment agreement and are generally the only hours that they need to be at work.
If the specific hours are not put into the employment agreement, then an accurate and timely written record will need to be kept of exactly what hours the employee has worked. For example, employees whose hours of work change so often that it’s not practical to put them in the agreement.
Changing the hours of work
If an employee or employer wants to change the hours of work, both should agree to this in writing in the A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement.
Hours of work in an employment agreement might include that an employee also does additional work, as reasonably required by an employer. The agreement should include any compensation for this Any hours an employee works over and above their normal weekly hours.
Employers must make sure that employees are paid at least the The lowest amount an employee can be paid per hour. There are 3 types of minimum wage: adult, starting-out and training. There is no minimum wage for employees younger than 16 years old.
If an employment agreement has the employee's hours of work, then an employer cannot change them without the employee's agreement.
If the employment agreement says that an employer can change the hours of work, the employer still has to act fairly and reasonably before they do.
If an employee thinks that the change to their hours is disadvantaging them and that the process the employer followed was unfair or there were no genuine reasons for changing the hours of work, they should first try to resolve the issue with their employer.
In some situations, an employer cutting back an employee’s hours may be proposed as an alternative to redundancy. For example, genuine financial, commercial or economic problems, or genuine business restructuring.
In these situations, the employer must follow the usual process for organisational change. This includes giving the employee a fair opportunity to consider and respond to the proposed change.
Cancelling shift
If an employee is a Shift work usually involves working variable hours outside of standard business hours (9am to 5pm). It often includes working rotating rosters, nights, weekends or public holidays.
- the employment agreement has:
- a reasonable period of notice for cancellation, and
- reasonable compensation for the employee if the employer cancels a shift without giving reasonable notice.
- the employer either gives the employee the above notice or pays the reasonable compensation above
- cancelling the shift does not
breach the employment agreement.An act of breaking a law, promise, agreement or relationship.
To determine whether the period of notice is reasonable, an employer must consider all the relevant factors. These include:
- the nature of the business, including whether they could control or see the situation that led to the proposed cancellation
- the nature of the employee’s work, including the likely effect of the cancellation on the employee
- the nature of the employee’s employment arrangements; this includes if there are agreed hours of work in the employment agreement, and if so the number of guaranteed hours of work (if any) included among those agreed hours.
To determine how much is a reasonable amount to pay for shift cancellation, an employer must consider all the relevant factors. These include:
- the shift cancellation notice period in the employment agreement and what the employee would have been paid if they had worked the shift
- if the type of work means the employee would have incurred costs preparing for the shift.
If the employment agreement does not have a valid shift cancellation provision and the employer cancels a shift anyway, the employee must be paid what they would have been paid if they had worked the shift.
A valid shift cancellation provision includes a reasonable notice period and compensation for cancelling the shift.
Employers must also pay employees what they would have been paid if they had worked the shift if:
- the shift is cancelled but the employer does not tell the employee until the start of the cancelled shift, or
- the rest of the shift is cancelled when the employee has already started the shift.
In this situation, the remuneration the employee gets when the shift is cancelled is included in their ordinary weekly pay and relevant daily pay. If the employer does not protect the employee's rights about having to be available for work or providing reasonable notice or reasonable compensation for shift cancellation, then the employee may be able to raise a An action that an employee can take against a current or former employer when they have an employment issue they cannot resolve.