Mackenzie Eder’s Post

Tomorrow I am meeting with the Government to ask for written guidelines on how the ECEC Worker Retention Payment scheme will work for Labour Hire employees. Thank you to those from the Early Childhood and OSHC sector who have provided Randstad Education Australia the below questions that need clear answers, now the scheme has started. We will update you all after the meeting. 1) Are Labour Hire candidates included in the funding? 2) Do approved CCS providers need to pass the funding to Labour Hire employees? 3) Can a Labour Hire Agency receive the funding directly? 4) How do I claim back the increased hourly wage for Labour Hire Teachers, Educators and Cooks? 5) In what circumstances would Labour Hire Teachers and Educators not be considered eligible? 6) How do I make sure that the Labour Hire Agency passes the full amount to their staff? 7) What information should a Labour Hire Agency provide a CCS approved provider to help with calculating wages? 8) What reporting requirements should a Labour Hire business provide an approved CCS provider in order to demonstrate to the Government that they are being compliant with the Grant guidelines if they use Labour Hire employees? 9) When a CCS provider is approved for the scheme will the back date payments cover Labour Hire Teachers, Educators and Cook? 10) Does the forecasting model cover Labour Hire Teachers, Educators & Cooks? 11) Do Labour Hire Agencies need to have a work place instrument? Does a CCS provider need to include Labour hire employees in their work place instrument? 12) Are CCS approved providers expected to absorb the administrative costs caused by the Grant funding arrangement for Labour Hire employees? 13) How does Labour Hire employee usage impact the 95% sign-on threshold for IFA for the provider i.e. does it move the 95% baseline which is determined using CCS but in reality relates to the type of employment relationship? (How do we count / reconcile this between CCS and Payroll numbers?) 14) How & when would the Government “audit” funding passed through to Labour Hire? 15) If one of my permanent employees calls in sick and I need to back fill the shift with a casual labour hire educator, teacher or cook will I receive funding to pay sick leave to my own employee and also funding to pay the labour hire casual? 16) How will the funding apply where the approved CCS provider is using IFAs and the labour hire company pays to Modern Award conditions? I.e. No workplace instrument in place. 17) Where can an approved CCS provider go to view the guidelines around Labour Hire employee funding?

𝗜𝗜𝗧 𝗕𝗼𝗺𝗯𝗮𝘆 𝗼𝗯𝗹𝗶𝗴𝗮𝘁𝗲𝗱 𝘁𝗼 𝗽𝗮𝘆 𝗚𝗿𝗮𝘁𝘂𝗶𝘁𝘆 𝘁𝗼 𝗶𝘁𝘀 𝗖𝗼𝗻𝘁𝗿𝗮𝗰𝘁 𝗪𝗼𝗿𝗸𝗲𝗿𝘀: 𝗕𝗼𝗺𝗯𝗮𝘆 𝗛𝗖 𝗪𝗵𝗲𝗻 𝗶𝘀 𝗽𝗿𝗶𝗻𝗰𝗶𝗽𝗮𝗹 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗿 𝗹𝗶𝗮𝗯𝗹𝗲 𝘁𝗼 𝗽𝗮𝘆 𝗴𝗿𝗮𝘁𝘂𝗶𝘁𝘆 𝘁𝗼 𝗰𝗼𝗻𝘁𝗿𝗮𝗰𝘁 𝘄𝗼𝗿𝗸𝗲𝗿𝘀? ➤ 𝗪𝗵𝗮𝘁 𝗛𝗮𝗽𝗽𝗲𝗻𝗲𝗱: ↳ The Bombay HC, in an appeal, decided that the principal employer (IIT Bombay) to pay the gratuity to contract workers, given the reality of engagement. ➤ 𝗕𝗮𝗰𝗸𝗴𝗿𝗼𝘂𝗻𝗱: ↳ IIT Bombay engaged workers through contractors, who worked at the institute from 1999 to 2018. ↳ During termination, workers requested gratuity from IIT Bombay, believing that the institute was their real employer. ↳ On refusal by the institute, the employees approached the Assistant Labour Commissioner. ↳ The Commissioner agreed with the contract workers and ordered IIT Bombay to pay the gratuity.   ↳ IIT Bombay challenged this decision, before the HC. ➤ 𝗣𝗿𝗼𝗰𝗲𝗲𝗱𝗶𝗻𝗴𝘀 𝗕𝗲𝗳𝗼𝗿𝗲 𝘁𝗵𝗲 𝗛𝗶𝗴𝗵 𝗖𝗼𝘂𝗿𝘁: ➊ 𝗔𝗿𝗴𝘂𝗺𝗲𝗻𝘁𝘀 𝗯𝘆 𝘁𝗵𝗲 𝗣𝗿𝗶𝗻𝗰𝗶𝗽𝗮𝗹 𝗘𝗺𝗽𝗹𝗼𝘆𝗲𝗿: ●     IIT Bombay claimed that the contract workers were not their direct employees. And the contractors who hired these workers should be paying the gratuity. ●     They relied on the judgement Cummins (I) Ltd. v Industrial Cleaning Services & Ors, where it was held that the responsibility of payment of gratuity is of the contractor and not of the principal employer.   ●     Just because the Director of IIT has the ultimate control over the affairs of the establishment, doesn’t make the institute the employer of contract workers. ➋ 𝗔𝗿𝗴𝘂𝗺𝗲𝗻𝘁𝘀 𝗯𝘆 𝘁𝗵𝗲 𝗖𝗼𝗻𝘁𝗿𝗮𝗰𝘁 𝗪𝗼𝗿𝗸𝗲𝗿𝘀: ●     Although they were hired through contractors, they had worked for many years continuously at IIT Bombay, with the institute supervising and controlling their daily work. ●     They have worked under multiple contractors. Filing multiple claims against several contractors is not feasible. ➤ 𝗗𝗲𝗰𝗶𝘀𝗶𝗼𝗻 𝗼𝗳 𝘁𝗵𝗲 𝗖𝗼𝘂𝗿𝘁 ↳ What matters is not the exact authority who appointed the worker but the actual conditions of engagement.     ↳ Since there were multiple contractors and services of workers did not terminate after the end of any contract, no occasion arose for them to claim gratuity from previous contractors. ↳ The term ‘employer’ includes the authority, which has the ultimate control over the affairs of the establishment, which lies with the director of the Institute.   ↳ The court ordered IIT Bombay to pay the gratuity with interest. ➤ 𝗪𝗵𝘆 𝗱𝗼𝗲𝘀 𝘁𝗵𝗶𝘀 𝗱𝗲𝗰𝗶𝘀𝗶𝗼𝗻 𝗺𝗮𝘁𝘁𝗲𝗿: Employers cannot be complacent about gratuity obligations just because they engaged workers through contractors. Especially when contractors keep changing but the contract workers never do. Because it shows that the contract workers have a real relationship with the principal employer and not with the contractors.      

📢 Exciting updates for supply teachers and recruitment agencies! Did you know supply teachers / agency workers employed by an umbrella company might be entitled to Statutory Sick Pay (SSP) during school holidays and between assignments? 🌟 Here's what you need to know: ➡️ SSP is paid by the umbrella company at £116.75 per week for up to 28 weeks (after 3 qualifying days) ➡️ Teachers / agency workers need to earn £120/week and can self-certify for up to 7 days ➡️ Continuous employment with an umbrella company means SSP entitlements extend even when not on assignment Upcoming changes with a new government could potentially further increase your supply teachers / agency workers rights to include: 🔹 Employee rights extended to “workers” 🔹 Sick pay effective from “day one” 🔹 No lower earnings limit to qualify for sick pay If enacted, these changes mean your workers would be able to claim sick pay from the start, ensuring they're protected. But it could increase your costs unless outsourced to an umbrella company like Fair Pay Services. Contact our expert team for guidance at 01604 360 222 or [email protected] #TeacherSupport #Recruitment #SSP #Education #RecruitmentAgencies #Recruitment #UmbrellaCompany #PEO #Contractors #Payroll #Northampton

great to Crate Brewery testing 4 day week in low pay business with long hrs. Turnover costs these firms a fortune. Better recruitment & improved staff welfare and performance from rest may well pay off. We need more evidence-based HR rather than CEO biases https://lnkd.in/eh7vm7AN

Education Buying can help your school prepare for a successful year with the right HR and payroll solutions. We guide you through pre-procurement considerations and key factors within HR and Payroll to ensure trust, confidence and efficiency in school administration. Read more: https://bit.ly/4esX2i6 #Education #HR #Payroll

💲Paying the Price: FWC Delivers Equal Pay for Labour Hire Workers💲 After an application made by the Shop, Distributive and Allied Employees Association (SDA), the Fair Work Commission (FWC) has made an order under the recent Same Job, Same Pay reforms for labour hire workers performing warehousing work at the Kmart Lytton Distribution Centre. Under the Federal Government’s Closing Loopholes legislation, labour hire workers (and their union representatives) can apply to be paid the full rate of pay as a comparable employee under the host employer’s enterprise agreement through a Regulated Labour Hire Arrangement Order. The order, made by FWC President Justice Adam Hatcher, will give a pay rise of between $8 to $12 to around 180 on-hire workers employed by Programmed Skilled Workforce currently being hosted at the Kmart Distribution Centre in QLD. Justice Hatcher noted that a Kmart casual employee receives an hourly rate of $47.18 per hour. Comparatively, a Programmed on-hire worker receive the lesser hourly rate of $35.62 for performing the same work as a Kmart casual employee. In a similar case, both the SDA and UWU were successful in securing a yearly wage rise of up to $12,600 for on-hire workers at the Metcash Gepps Cross distribution centre in South Australia. In this matter, Justice Hatcher made orders applying to four separate labour hire companies, after the applications made by the unions were unopposed by the employers. The Federal Government introduced the Same Job, Same Pay reforms to ensure that labour hire companies cannot be used by host employers purely to undercut enterprise agreements. If your business requires assistance in managing labour hire arrangements and enterprise agreements covering your workforce, get in touch with HR Legal today. #HRLegal #samejobsamepay #employmentlaw Case references: Application by Shop, Distributive and Allied Employees Association re Kmart Lytton Distribution Centre [2024] FWC 3238 (22 November 2024) Application by Shop, Distributive and Allied Employees Association and United Workers’ Union re Metcash Trading Limited [2024] FWC 3275 (25 November 2024)

In recent years, media coverage has focused on wage underpayments within universities. While it's essential to acknowledge the complexity and sensitivity of these projects, it's equally important to shift the conversation towards solving the problem! Payroll in universities is inherently complex, unique roster patterns, intricate awards, enterprise agreements, and often messy record-keeping. More broadly, if you do report underpayments to Fair Work, they are likely to ask a critical question: What are you doing to ensure you don’t find yourself in this position again? The solution lies in using smart technology, not relying on large teams of consultants, making it a much more cost-effective way to efficiently tackle ongoing payroll compliance challenges. #PaidRight

Today, let’s talk about the employment regulations that companies should pay attention to when employing workers in Taiwan, China. 🙋♀️ Q: How do Taiwanese regulations stipulate the conditions for receiving severance pay? 👩🏫 A: According to Article 17 of Taiwan’s Labor Standards Law, if the employer terminates the labor contract early, it shall pay the employee public severance pay in accordance with regulations. According to Article 11 of the Labor Standards Act, when a company goes out of business or transfers, suffers a loss or business contraction, suspends work for more than one month due to force majeure, changes in the nature of the business and it is necessary to reduce the number of workers, or the workers are unable to perform their positions, the company has the right to terminate the workers with notice. Labor Contract. There is no provision for a probation period in the Labor Standards Law. Even if the employer and the employee agree on a probation period, the employee is still within the scope of protection of the Labor Standards Law and is no different from a general labor contract. Therefore, in accordance with Article 11 of the Labor Standards Law 》If an employee is fired under the circumstances, he can still receive severance pay even if he is in the probation period. 🙋♀️Q: What are the calculation standards for severance pay in Taiwan? 👩🏫A：Taiwan's severance pay calculation standards changed on July 1, 2005. Therefore, there are two calculation standards before and after this point. Employers can refer to the employee's service start time to calculate severance pay. The specific standards are as follows: ✅ 1. Old system Before July 1, 2005, the severance pay for workers who served in the same unit and chose the retirement system of the Labor Standards Act was calculated as follows: Workers who have worked for one year shall be given one month’s average salary as severance pay; The portion less than one year shall be calculated on a pro-rata basis; Less than one month will be counted as one month; There is no upper limit on severance pay. ✅ 2. New system For workers who serve in the same unit after July 1, 2005, the severance pay for workers who choose the retirement system of the Labor Pension Ordinance is calculated as follows: Based on the worker’s working experience, 1/2 month’s average salary will be paid for each full year; If it is less than one year, it will be calculated on a pro-rata basis; If it is less than one month, it will be calculated proportionally; The maximum is limited to six months’average salary. ✅ 3. Mixing old and new systems If the employee worked for a unit subject to the Labor Standards Law before July 1, 2005, and chooses the new system, the employee's severance pay will be calculated as the sum of the above two situations. #Taiwan #China #hr #compliance #LinkedIn #salary

Here at Tamar HR, over the next few weeks, we will provide a snapshot of some of the key changes that may impact your business day to day as detailed in Labour’s Plan to Make Work Pay:- ◾ Day One Rights: Unfair Dismissal – This currently starts at a period of two years and as such is a change to the aspect of employers managing the early stage of onboarding and ‘job fit’. ◾ Calculation of the National and Minimum Living Wage (Genuine Living Wage) ­– Labour plan to remove the remaining adult age band (i.e. 18-20) together with the Low Pay Commission having a wider remit to take into account the cost of living increases in its recommendation of the national rates. ◾ Changes to Statutory Sick Pay - This includes removing the current three waiting days before SSP is paid and removing the ‘lower earnings limit’ for eligibility currently set at £123 per week. ◾ Safer Workplaces – Labour will review the health and safety guidance and regulations with a view to modernising legislation and guidance in an effort to support the wellbeing of workers. If you have any questions, please do not hesitate to get in touch with the Tamar HR team! [email protected] / 01752 686570 / www.tamarhr.co.uk