很多人不懂，我一定要发帖说说，关于redundant pay，这是法律强制的！

thundom. · 发表于 2014-6-12 20:20:11

强制的意思就是你只要是permenant，不管合同说没说都要给！！！我为什么要发帖呢？因为第一：今天坛子里一个mm被裁，是会计，不知道这个事情。第二，我媳妇的朋友，工作N年的会计师姐姐，被裁也不知道有这个事情。
后者我让她咨询了fairwork ombudsman，讨回了5000多的package，请我们吃了一顿饭。
言归正题！以下是fairwork ombudsmen的原文：
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What redundancy might be payable?
链接：http://www.fairwork.gov.au/Termi ... cy-might-be-payable
An employee may be entitled to redundancy or severance pay if any of the following applies:
a workplace instrument (e.g. an award or agreement) that applies to the employee contains redundancy pay entitlements
the employee works for an employer that employs 15 or more employees and has more than 12 months continuous service (some exceptions apply).
If an agreement that included redundancy provisions was terminated in a certain way less than 2 years ago and the employees covered by that agreement aren’t covered by a new agreement, the old redundancy provisions may still apply.
From 1 January 2010 all employees working under Commonwealth workplace laws who:
have at least 12 months continuous service and
work for an employer that employs 15 or more employees may be entitled to redundancy or severance payments (to a maximum of 16 weeks pay) under the NES.
法律赋予的权利，谁都有。

There are some exceptions to this. See: When redundancy is not payable.
Important! An employer may be also liable to pay redundancy pay under certain preserved redundancy provisions.
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How much redundancy pay?
链接：http://www.fairwork.gov.au/Termi ... much-redundancy-pay
The amount of redundancy pay under the NES equals the total amount payable to the employee for the redundancy pay period. This is worked out using the table below, at the employee's 'base rate of pay' for his or her ordinary hours of work.
An employee's base rate of pay (other than a pieceworker) is the rate of pay payable to an employee for his or her ordinary hours of work, but not including any of the following:
incentive-based payments and bonuses
loadings
monetary allowances
overtime or penalty rates
any other separately identifiable amounts.
Employee's period of continuous service
with the employer on termination                Redundancy pay period
At least       but less than
1 year       2 years       4 weeks
2 years       3 years       6 weeks
3 years       4 years       7 weeks
4 years       5 years       8 weeks
5 years       6 years       10 weeks
6 years       7 years       11 weeks
7 years       8 years       13 weeks
8 years       9 years       14 weeks
9 years       10 years       16 weeks
10 years
-
12 weeks
Note: long service leave entitlements provide the rationale for reducing the redundancy pay entitlement for employees who have a period of 10 years’ continuous service or greater.
It is possible for an employer to apply to the Fair Work Commission (the Commission) for a determination reducing their liability to pay redundancy pay to a specified amount (that may be nil), if the Commission considers appropriate. The employer may apply for the determination if an employee is entitled to redundancy pay and the employer finds other acceptable employment or cannot pay the amount.
The base rate of pay for a pieceworker may be specified in the applicable modern award or enterprise agreement.  Otherwise it is determined by the following formula:
Total amount earned by the pieceworker in the previous 12 months*
Total hours worked by the pieceworker in the previous 12 months*
* or period continuously employed if less than 12 months.