Reading time: 3 minutes

Did you know that different types of employees have different entitlements? Do you know how to correctly classify your employees? If not, you might want to read on, as this article details the different employment classifications and their respective entitlements.

38 hours: Full-time permanent employee

Will your employee work an average of 38 hours per week? If yes, they are most likely a full-time employee. They have entitlements under the National Employment Standards including annual leave and sick leave.

A permanent employee has ongoing employment and the term of the employment agreement will end when it is terminated by either you or your employee.

Fixed term

A fixed term employee is employed for a specific period of time, for example a 6 or 12 month term. The fixed-term employment agreement ends on the termination date, or can be extended.

Will your employee work less than 38 hours per week?

If yes, you need to decide if they are a part-time or casual employee.

A part-time employee is a permanent employee who works less than 38 hours per week. A part-time employee usually works regular hours each week, for example on Mondays and Thursdays. A part-time employee has ongoing employment and the term will end when the employment agreement is terminated by either you or your employee.

A part-time employee has the same entitlements under the National Employment Standards as a full-time employee (on a pro rata basis).

Ad hoc hours: Casual employee entitlements

A casual employee has no guaranteed or regular set of hours that they work. A casual employee does not receive all entitlements under the National Employment Standards, for example they do not receive sick leave or annual leave.

What do I do next?

Once you have determined what type of employee you are hiring, you need the correct employment agreement. A permanent employee agreement sets out the National Employment Standard entitlements including sick leave and annual leave entitlements. A casual employment agreement does not include sick leave and annual leave entitlements.

Conclusion

Would you like help with deciding what type of employee you have hired? Would you like a straightforward but comprehensive employment agreement that complies with the law and protects your business?

LegalVision can help you. Please call our office on 1300 544 755 and our Client Care team will happily provide you with an obligation-free consultation and a fixed-fee quote to help you sort out your superannuation obligations. Our employment lawyers are ready to assist!

Webinars

How Franchisors Can Avoid Misleading and Deceptive Conduct

Wednesday 18 May | 11:00 - 11:45am

Online
Ensure your franchise is not accused of misleading and deceptive conduct. Register for our free webinar today.
Register Now

New Kid on the Blockchain: Understanding the Proposed Laws for Crypto, NFT and Blockchain Projects

Wednesday 25 May | 10:00 - 10:45am

Online
If you operate in the crypto space, ensure you understand the Federal Government’s proposed licensing and regulation changes. Register today for our free webinar.
Register Now

How to Expand Your Business Into a Franchise

Thursday 26 May | 11:00 - 11:45am

Online
Drive rapid growth in your business by turning it into a franchise. To learn how, join our free webinar. Register today.
Register Now

Day in Court: What Happens When Your Business Goes to Court

Thursday 2 June | 11:00 - 11:45am

Online
If your business is going to court, then you need to understand the process. Our free webinar will explain.
Register Now

How to Manage a Construction Dispute

Thursday 9 June | 11:00 - 11:45am

Online
Protect your construction firm from disputes. To understand how, join our free webinar.
Register Now

Startup Financing: Venture Debt 101

Thursday 23 June | 11:00 - 11:45am

Online
Learn how venture debt can help take your startup to the next level. Register for our free webinar today.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2019 Most Innovative Firm - Australasian Lawyer