Mutual Agreement Contract by gqm11330

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Mutual Agreement Contract document sample

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									                                                                            5597004d-2a27-4de2-8a75-798812ec637c.xls




                                                      Market Conditions Summary - Australia
                      LAW                                               MARKET                                     MARKET Example 1   MARKET Example 2

                                                                        general information


Recruitment and Contract
                                                                        As per stated in contract of employment,
Probationary Period   3 months as per State award                       usually three months.
Probationary Period                                             Controlled by terms and conditions in
Extension             Must be documented reasons and controlled contract of employment.

                      Up to 1 year service = minimum 1 week's
                      notice.                   >1 year< 3 years
                      =2 week's notice. >3 years at least 4
                      weeks. employee over 45 yrs old +2 yrs
                      continuous service, the notice period
                      increased by one week. If compensation
                      paid instead of giving notice, the amount
                      paid must be equivalent to the total
                      remuneration the employee would have
                      received had the employee worked during           By mutual agreement, usually as per
Notice Period         the notice period.                                contract of employment.
Notice Period 2
Notice Period 3
Notice Period 4
Fixed Term Contract   As above


                      . A basic contract of employment should
                      contain the basic following information:

                      · Title of position being appointed to;
                      · Title of person to whom the position
                      reports to;
                      · Salary, superannuation, and other
                      compensation details;
                      · Notice period of either party in the event of
                      termination;
                      · Any dismissible offences, (eg sexual
                      harassment);
                      · A probationary period, during which the
                      employee can be terminated. (At the
                      conclusion of the period, the employee’s
                      appointment must be confirmed or
                      terminated.)
Indefinite Contract




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                                                                                 5597004d-2a27-4de2-8a75-798812ec637c.xls




                                                           Market Conditions Summary - Australia
                            LAW                                              MARKET                                      MARKET Example 1   MARKET Example 2

                                                                             general information
                                                                             60 in the private sector, 65 in the state
Retirement Age                                                               sector per mutual agreement


Employment Conditions


                                                                             As per contract of agreement, whether
                                                                             the employee is full time/permanent, part
                                                                             time or casual and award rates or above
Working Hours               40 hour work week.                               applies under these circumstances.
                            Australian employees are entitled to 20 days
                            annual leave per year. This does not         As per set in the State Award, usually 20
Vacation                    include any public holidays.                 days at a mutually convenient time.
                                                                         As per employer special case
Special Leave               3 days is given for death of a care giver    consideration.
Birth of Child
Death of Spouse or child
Death of Father or Mother
Marriage
                                                                             As per employer special case
Marriage of a child                                                          consideration.
                                                                             As per employer special case
others                      At the consideration of the employer             consideration.

                            Mon 1 January 01 New Year's Day:
                            Fri 26 January 01: Australia Day:
                            Fri 13 April 01: Good Friday:
                            Mon 16 April 01: Easter Monday:
                            Wed 25 April 01: ANZAC Day:
                            Mon 7 May 01: Labour Day:
                            Mon 11 June 01: Queen's Birthday:
                            Wed 15 August 01: RNA Show:
                            Mon 1 October 01: Queen's Birthday:
                            Tue 6 November 01: Melbourne Cup Day:
                            Tues 25 December 01: Christmas Day
Public Holidays             Wed 26 December 01: Boxing Day:
Maternity leave             6 weeks paid leave                               6 weeks paid leave
                            Employees are also entitled to up to twelve
                            months unpaid maternity and paternity
Paternity and Parental      leave. This is normally not available in the
Leave                       first year of service.




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                                                        Market Conditions Summary - Australia
                          LAW                                             MARKET                                     MARKET Example 1   MARKET Example 2

                                                                          general information



Unpaid leave


Remuneration
                          Employment contract governs mutual              Employment contract governs mutual
Bonus                     agreement regarding bonuses                     agreement regarding bonuses
                                                                          Pay is as stated in contract of
                          12 months pay with one month paid for           employment, with holidays being
                          holidays.This is paid after the work is         governed by the statutes which
Months of salary          completed at a mutually agreed time, either     demands four weeks paid vacation per
payment                   weekly, forthnightly or monthly.                year.


Social Coverage


                                                                          Sick leave entitlements vary greatly and
                                                                          range from three days paid leave in the
                                                                          first year of service, (a doctor’s
                                                                          certificate must be produced), to
                                                                          unlimited sick leave, The average
                                                                          entitlement would be about 8 sick days
                                                                          paid leave per year.Employers pay a
                                                                          fixed sum to the government depending
                                                                          on staff numbers which covers the
                          Workers compensation governs the length         employer in times of employee accident
Payment of salary after   of time and payment given to employees.         at work or employees having an accident
accident or sickness      This insurance is paid for by the Employer.     on the way home.from work.
                                                                          If death occurs at work, Workers
                          Components of this is covered within the        Compensation covers the cost for the
                          Workers Compensation arena, if employee         employers liability. Apart from this
                          dies on the job he is covered by this           employees may elect to take out private
Life insurance            program.                                        insurance cover.
Military Service          Not applicable                                  Australians voluntarily join the forces.




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                                                                               5597004d-2a27-4de2-8a75-798812ec637c.xls




                                                         Market Conditions Summary - Australia
                           LAW                                             MARKET                                       MARKET Example 1   MARKET Example 2

                                                                           general information

                           Family Tax Benefit A and B (family
                           allowance) and rent assistance
                           Double Orphan Pension
                           Maternity Allowance
                           Child Care Benefit
                           Maternity Immunisation Allowance
                           Low Income Health Care Card                     Social services is now managed by
                           Seniors Health Card                             Centrelink. This department looks after
                                                                           all social benefits including Austudy,
Social Insurance                                                           Pensions, Unemployment and Disability.
                           As per contract of employment and               As per mutual agreement by the
Early retirement           agreement with employer.                        employee and employer.


                                                                           Current government scheme sees
                                                                           employers paying 9% of the employees
                                                                           salary towards an elected insurance
                                                                           provider's management funds.This is a
                                                                           minimum percentage which is increased
                                                                           by 1% on income over A$81493 for
                                                                           every A$1165 to a max of 15% for
                                                                           A498995 but to a maximum of
                                                                           A$105200 pa. The employee at the
                                                                           moment has to accept the employer's
                                                                           choice of superannuation fund
                                                                           "complying sponsored fund" .From July
                                                                           2004 the employee will be able to
                                                                           specify a personal fund and this is likely
                           Mandatory 8% of salary paid for by              to increase the number of funds to which
                           Employer into employee elected                  employers need to pay and will increase
Pension                    superannuation fund.                            complexity.
                           Workers elect to contribute towards private
Principle of the pension   pension funds and control their own             For senior citizens to ensure that they
arrangements               finances during later years.                    have a savings.

                           By employer as per contract of employment
                           or as manadatory by State. Compulsory for       As per individual need and desire and
Contributions              employers and elective for employees.           savings plan.
                           By way of State Workers Compensation Act
                           and can be supplemented by employees
Accident Insurance         private insurance.                              As an individual need.




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                                                      Market Conditions Summary - Australia
                          LAW                                           MARKET                                      MARKET Example 1   MARKET Example 2

                                                                        general information
                                                                        Government has a big push on
                        Mandatory Medicare payments of 2%               encouraging all citizens to take out
                        deducted from employees salaries and            private insurance. Tax benefits can be
                        encouraged to take out private medical by       accured for all citizens who have elected
Health Insurance        State.                                          to take out private health.
Long Term Care Insurance                                                Personal choice.
                        As per Workers Compensation paid for by
Disability Insurance    employer or elected privately by employee.      Personal choice.
                                                                        Depending on the situation, this is part
                                                                        of the payment by Social Services and is
                         As per Social Security Act and is means        asset tested.Covered by Centelink which
Child Allowance          tested for parents.                            is a government department.


SOCIAL INSURANCES

Old age and surviving
dependents insurance,
Disability insurance,
Loss of earnings
insurance                                                               Personal choice.
Unemployment                                                            Covered by Centelink which is a
insurance                                                               government department.
Unemployment             As per Social Security payments which is       Covered by Centelink which is a
insurance (cont)         means tested and controlled by the State.      government department.
Professional and non-
professional accident    This is covered under Workers                  Covered by Centelink which is a
insurance                Compensation if the accident occurs at work.   government department.
                         If accident occurs at work, State picks up
Loss of earnings         the bill as per Workers Compensation           MBF,HCF, and Medibank dominate the
insurance for sickness   insurance.                                     market
                         Private Health Encouraged by State. State
                         covers Medicate which provides basic
Health Insurance         health cover for all.                          Private Health care dominated by
Total                    see sample charges spreadsheet


Termination
Indemnities




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                                                                           5597004d-2a27-4de2-8a75-798812ec637c.xls




                                                       Market Conditions Summary - Australia
                           LAW                                          MARKET                                    MARKET Example 1   MARKET Example 2

                                                                        general information

                                                                        Unfair dismissal claims often permitted
                        The employer must give the employee             by courts in Australia. The prudent
                        notice of their termination, or pay             organization ensures that Contracts of
                        compensation in place of notice, unless the     Employment covers issues such as
                        employee is guilty of serious misconduct.       termination and seeks employee
                                                <1 year service = min   authorization of same. Employees
                        1 weeks notice.                      >1 year<   covered by a Federal Award are entitled
                        3 years =2 week's notice.         >3 years at   to 2 weeks pay per year of service and
                        least 4 weeks.                 If employee      this is frequently matched in the non
                        over 45 yrs old +2 yrs continuous service,      award sector. In theory only employees
                        the notice period is increased by one week.     earning less than A$72500 including all
                        If compensation paid instead of giving          superann payments and bonuses are
                        notice, the amount paid must be equivalent      eligible for unfair dismissal legal
                        to the total remuneration the employee          protection. The maximum award from an
                        would have received had the employee            unfair dismissal case - apart from
Termination Indemnities worked during the notice period.                reinstatement- is 26 weeks salary.


Legal Services in Australia
                          Recommended legal companies available from Compandben SA



Payroll Services in Mexico




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