Non Compete Clause
What is a Non Compete Clause?
A non compete clause is a clause in a contract. These clauses aim to prevent a person from carrying out competing activities against another business. A contract may refer to
Junior workers typically range in age from 13 to 21 years old. Young workers and their employers need to have a thorough understanding of their legal rights and obligations.
Young workers can bring fresh perspectives and enthusiasm to the workplace. However, they may not be familiar with the rules and regulations that govern their job. This lack of understanding can create problems for both the employee and the employer.
In this article, our employment lawyers, delve into the workplace laws that apply to young workers and how employers can comply with these laws when hiring young employees.
Employers need to be aware of:
By prioritising the well-being and development of young employees, organisations can harness the full potential of their workforce.
Each State and Territory has different rules for young workers. These rules include the minimum age to start working, the type of work they can do, and their working hours. Generally, children can do work in specific circumstances, outside school hours, with parental consent.
Most awards and registered agreements have minimum wages for juniors. Junior rates are typically a percentage of the adult pay rate for the employee’s classification, determined by their age.
If an Award or enterprise agreement does not include junior pay rates, the employer should pay the young worker the adult wage rate.
If no Award or enterprise agreement covers the business or the employee, the National Minimum Wage will apply. The National Minimum Wage has rates for junior employees on an aged-based percentage scale.
Employers can pay junior workers more than the minimum wage but cannot pay them below the minimum wage.
In most cases, employers must pay juniors who sell or serve alcohol at the adult rate, regardless of their age. This applies even if it is part of their general waiting duties.
Under section 323 of the Fair Work Act, an employer must pay an employee concerning the performance of work, in full.
All employees must receive the correct pay rate for all hours worked. This includes time training, in team meetings, opening and closing the business, and working unreasonable trial shifts.
A trial shift will only be reasonable when the trial:
If the Fair Work Act 2009 deems the placement a ‘vocational placement,’ a student may participate without pay. This applies when the placement is part of a formal education or training course. A placement host may elect to pay at their discretion but are under no obligation to do so.
A junior worker will need to be paid if the arrangement isn’t a vocational placement, and it involves productive work (rather than just observation and learning).
Employers need to keep records of:
Employers should also consider the following regarding the health and safety and work environment for younger employees:
Employers need to be aware of the following when weighing up the benefits of hiring young staff.
Junior employees may:
If something doesn’t feel right, it’s a good idea to start gathering your payslips, records of hours worked, and notes from events, conversations, or meetings.
You should also obtain a copy of your relevant Modern Award, as well as rosters or timesheets.
The Fair Work Ombudsman provides a lot of helpful information for employers and employees.
Talk to your manager or HR department. Your manager or human resources may not know about a problem or mistake until you tell them. You may be able to have a support person present when you talk to them.
If you’ve tried to fix your dispute without success or cooperation, Prosper Law’s employment lawyers may be able to help you.
A significant benefit of hiring young workers is junior pay rates.
Most awards and registered agreements have minimum wages for juniors. Junior rates are typically a percentage of the adult pay rate for the employee’s classification, determined by their age.
If an Award or enterprise agreement does not include junior pay rates, the employer should pay the young worker the adult wage rate.
If no Award or enterprise agreement covers the business or the employee, the National Minimum Wage will apply. The National Minimum Wage has rates for junior employees on an aged-based percentage scale.
Employers can pay junior workers more than the minimum wage but cannot pay them below the minimum wage.
There a numerous benefits for businesses in hiring young workers, some of which include:
Junior workers typically range in age from 13 to 21 years old. This can include school attendees, school leavers, apprentices and trainees.
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A non compete clause is a clause in a contract. These clauses aim to prevent a person from carrying out competing activities against another business. A contract may refer to
Non-compete clauses should be enforced when the business (usually an employer or new business purchaser): has advice from an employment law firm that the restraint is likely to be enforceable
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