Maternity Leave Contract

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					                                                                              005743ef-b183-4fc4-aaf8-17ddacfe2400.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        By mutual agreement, usually as per
Notice Period         during 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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                                                            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 include As per set in the State Award, usually 20
Vacation                    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 leave.
Paternity and Parental      This is normally not available in the first year
Leave                       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

                          12 months pay with one month paid for          Pay is as stated in contract of
                          holidays.This is paid after the work is        employment, with holidays being
Months of salary          completed at a mutually agreed time, either    governed by the statutes which demands
payment                   weekly, forthnightly or monthly.               four weeks paid vacation per 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 employer in times of
                          Workers compensation governs the length of employee accident at work or employees
Payment of salary after   time and payment given to employees. This having an accident on the way
accident or sickness      insurance is paid for by the Employer.     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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                                                         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
                                                                        to increase the number of funds to which
                           Mandatory 8% of salary paid for by Employer employers need to pay and will increase
Pension                    into employee elected superannuation fund. complexity.
                           Workers elect to contribute towards private
Principle of the pension   pension funds and control their own finances For senior citizens to ensure that they
arrangements               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.

Loss of earnings         If accident occurs at work, State picks up the MBF,HCF, and Medibank dominate the
insurance for sickness   bill as per Workers Compensation insurance. market
                         Private Health Encouraged by State. State
                         covers Medicate which provides basic health
Health Insurance         cover for all.                                 Private Health care dominated by
Total                    see sample charges spreadsheet


Termination
Indemnities




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

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