With the holiday season just around the corner, you might be wondering what rights your business has in terms of asking employees to work during public holidays.
According to the Fair Work Act, staff are “entitled to be absent” during public holidays, although employers may ask staff to work “if the request is reasonable”.
“If an employer requests an employee to work on a public holiday, the employee may refuse the request if: the request is not reasonable; or the refusal is reasonable.”
So how do you know if a request is reasonable? The Fair Work Act says you should consider:
* The nature of your workplace and the nature of the work performed by your employees
* Your employees' personal circumstances, including family responsibilities
* Their employment type (i.e. full-time, part-time, casual, shift work)
* Whether employees could reasonably expect to be asked to work on the public holiday
* Whether employees would be adequately compensated for working on the public holiday
* How much notice you give about having to work on the public holiday
* How much notice your employees give about refusing to work
* Any other relevant matter
If you’re unsure how to proceed, consider seeking professional advice from an employment lawyer.
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