Working during COVID-19: Understanding Your Rights
The coronavirus pandemic has radically transformed every sphere of human life. Today’s interactions in Australia, like in other parts of the world, are guided primarily by the need to prevent the spread of the novel virus. As directed by the health officials and the government, we observe social distancing, follow strict hygiene practices, and wear of personal protective equipment, including face masks, especially when we are out in public places.
Safeguarding Your Rights through Understanding
Every effort, including the directive to stay and work from home, are aimed at flattening the infection curve of a highly contagious disease. The virus is threatening the lives and livelihoods of many Australians. With the changing work policy occasioned by this pandemic, it is advisable to understand your rights in this unpredictable and fluid situation. The following are your rights while working during this COVID-19 epidemic:
a. Safe and healthy workplaces: Whether you are working from home or office, always ensure that the working conditions are safe and healthy. In particular, ensure that your workplace does not expose you to health and physical harm risks, including coronavirus infection. If you are a provider of essential services and you have to work from the office or in public places, ensure that your employer provides the required personal protection equipment. Your workplace should be sanitized or fumigated, while high-quality masks and gloves should be availed. In most cases, your employer should facilitate the testing of employees as frequently as possible to allow for early detection and containment of the virus within the workplace. Ideally, these measures should be proactive and not reactionary. The workplace should also be free from any form of discrimination and harassment.
b. Remuneration and other benefits: Unless justified and communicated, the employers have the obligation of paying employees all their wages and other benefits as stipulated in the employment contracts. The Australian employment law guarantees minimum wages for different industries, which must be upheld even during this pandemic. However, in case of furloughing of employees due to the economic crisis arising from the covid-19 pandemic, such decision must be justifiable, and the information must be communicated clearly and in advance. In cases where employees work overtime, proper compensation measures should be followed, especially when it comes to calculating the hours worked and the wages payable. During this pandemic, employees are entitled to parental, annual, and compassionate leave, insurance coverage and any other work-related entitlements, as stipulated in the constitution and employment contract.
c. Contractual obligations: During this covid-19, all Australian employees have the right to receive all the contractual obligations from their employers. These obligations range from the rate of pay to allowances, and other entitlements. All employees are entitlement to promotions and workplace advancements. The employment agreements also safeguard employees against any form of unfair dismissal. In case such rights are shelved due to this crisis, the employer should communicate the same to the employees and relevant authorities. Therefore, if you are currently being offered any employment, go through the contract and understand its contents before signing.
d. Trade union activities: All Australian workers, depending on the pre-existing policies and agreements, have the right to join and participate in any legal trade union activities during this covid-19 crisis. This right upholds an individual’s dignity and liberty to receive representation from relevant trade unions.
e. Right to seek assistance and advice: During this coronavirus pandemic, all workers in Australia have a right to seek assistance or advice from relevant or legal entities, including lawyers, the Fair Work Ombudsman’s office, trade union officials, and even organisational departments. The nature of such assistance or advice mat vary from making inquiries to registering work-related complaints.
f. Social security: The global financial crisis occasioned by the coronavirus menace has radically transformed workplace practices. Many companies have laid off some workers while millions of Australians are now working from home. The working condition notwithstanding, all employees are entitled to social security rights. From retirement benefits to paid leave and unemployment benefits, Australians should be cushioned against any form of incapacitation to work.
The coronavirus crisis has ravaged economies and reshaped all aspects of human life, including engaging in income-generating activities. Despite these changes, Australian workers are entitled to all the employment rights as guaranteed by the constitution.
