Avoid underpaying employees
Underpaying employees occurs when workers are paid less than the minimum wage or are not provided with their correct entitlements and benefits as stipulated by Australian employment laws.
Key factors contributing to underpayments include:
- Misclassification: Employers may misclassify workers as independent contractors rather than employees, leading to underpayment of minimum wage, overtime, and leave.
- Minimum wage violations: Australia has a legislated minimum wage that employers must adhere to. Underpayment occurs when businesses pay employees less than this minimum wage.
- Award and agreement misinterpretation: Many employees are covered by industry awards or enterprise agreements that specify certain minimum conditions (e.g., pay rates, working hours, penalty rates). Employers may misunderstand or intentionally violate these agreements.
- Record-keeping issues: Poor record-keeping practices can lead to unintentional underpayment when employers don’t accurately track working hours or fail to apply relevant allowances.
- The complexity of labor laws: The Australian industrial relations system can be complex, and small businesses, in particular, may need help understanding and compliance with all the relevant laws and regulations.
- Intentional non-compliance: In some cases, businesses may intentionally underpay employees to cut costs and increase profits, which is illegal and unethical.
The penalties for underpaying employees can include the following:
- Back payment: Employers must pay the affected employees the owed wages, including any outstanding entitlements like overtime, penalty rates, or leave entitlements.
- Penalty rates: Employers may be required to pay additional penalty rates as compensation for the underpayment.
- Interest: Employers may be liable to pay interest on the underpaid wages, calculated from when the underpayment occurred until it is rectified.
- Civil penalties: Employers who deliberately underpay their employees can face significant civil penalties.
- Legal proceedings: Underpaid employees can take legal action against their employer to recover the unpaid wages and seek additional compensation.
- Reputational damage: Underpaying employees can lead to negative publicity and damage the company’s reputation.