Anyone from HR Please Help or Knows Employment Regulations?

YYC on 15/01/2020 - 19:29
Last edited 15/01/2020 - 20:08 by 1 other user

Quick background:
I work part-time for (20hrs/week) making $22.00/hr as an admin. I'm working with my husband's friend's wife (never met her before joining this job). I took the job as I needed to start from somewhere since I don't know her I have never met her I felt ok to take the job.

Questions:

  1. Is it ok, or acceptable to use your personal phone for the job all the time? when I'm at home I keep on getting Whatsapp messages since I'm added to the workgroups.

  2. I use my laptop to do company work.

I was ok with everything and was sucking it up. Until today, I advised the manager (joking) that I got a call from a client at 9AM asking about something.
her answer: you should have an automatic message stating I'm currently not working and not answer the calls.
My reply: I need to answer my calls, I cant send that message to anyone as someone could call me. (example: billing companies, from volunteer people, from gumtree, adds, etc) - just want to make it clear I did not give her examples.
her reply: We would want you to work 6hrs eventually then you might have to answer all the calls all the time.
Me: PISSED!

  1. If you work 5hrs, do we get a break? if so, how many minutes? Just curious

  2. I work on TFN, am I suppose to get paystubs? Just asking since I'm the only employee.

I have never worked in Australia that's why I'm not sure, thought of asking it from the experts. Things certainly don't work that way where I came from.

Thank you for educating me in regard to the Australian workforce. Also, Thank you for answering my questions.

EDIT: I'm a permanent resident of Australia (no work restriction).

Education & Work

Comments

  • whooah1979 on 15/01/2020 - 19:34

    (20hrs/week)

    Are you on a student visa?

    • YYC on 15/01/2020 - 19:35

      Permanent resident.

      • whooah1979 on 15/01/2020 - 19:39
        +6

        $22 p/hr is pretty crap for someone with 6 years work experience.

        Don't waste your time with them and look for something with better working conditions.

        • serpserpserp on 15/01/2020 - 21:21
          +4

          Thanks Joe Hockey.

        • HighAndDry on 16/01/2020 - 14:21

          I think zero Australian work exp is the reason.

  • Ocker on 15/01/2020 - 19:39
    +2

    What did Fair Work Australia advise?

  • DashCam AKA Rolts on 15/01/2020 - 19:45
    +7

    You need to either:
    a)get a second phone for work that you can let calls go to voice mail when not working.
    or
    b) get a phone that takes two sims and turn off the work sim when not being paid.
    A second work only phone, that you pay for, will be an allowable tax deduction. Laptop can be a tax deduction on a prorata basis.

    • crentist on 15/01/2020 - 19:57
      +1

      whatsapp doesnt care about dualsim which makes that bit tricky, but it is possible to clone apps and have two accounts at the same time on one phone.

      Pretty sure you can get apps on rooted phones that allow this. And I know huawei has this function after a salesgirl told me I could have "one account for the wife, one for the girlfriend"

      • Austaurean on 16/01/2020 - 08:13

        Samsung phones allow you to place an app into 'Secure Folder' and it is a 2nd copy of an app and you can sign in with a different user name etc, it is totally separate from any other apps that are on your phone.
        You also get a notification to say that there is a notification in 'Secure Folder'.

  • shrek4 on 15/01/2020 - 19:47
    +7

    The business should provide the tools you need e.g phone and computer.
    It is a requirement they also provide a pay slip which states hours worked, pay rate, tax and superannuation rates.

    • YYC on 15/01/2020 - 19:51

      That's what I thought. But still needed to confirm just in case rules are different here.

  • spackbace on 15/01/2020 - 20:56
    +2

    you work 5hrs, do we get a break?

    Nope, that's the maximum you can work without one

    As to the calls, grab a spare phone with a long-term prepaid sim for work clients, and set up that voicemail for it.

    Or just find a new job

  • Hardlyworkin on 15/01/2020 - 21:16
    +3

    Australia's workplace laws are probably the most complicated in the world; much more than Canada's. As such, a general answer may not apply to your specific circumstances even if there are 'ezperts' here. This should still apply to you and is a good starting point; https://www.fairwork.gov.au/find-help-for/young-workers-and-…

    Q1; likely 10 minutes paid or 30 mins unpaid

    Q2; Yes, every employee in Australia must get a pay slip

    Also depending on your circumstances, you may also be getting underpaid (at that rate you should be receiving sick pay, holiday pay, leave loading plus other benefits).

    Btw the expectation with your phone makes me think you should use the experience you have gained in Australia and look for a better position.

  • robbyjones on 15/01/2020 - 21:24
    +2

    When you are not working close down whatsapp and turn off notifications. Your manager is correct in that you shouldn't take the call, if your phone enables it have any work related numbers in your phone set to automatically go to messagebank or to reject the call. I think you may have misunderstood I doubt your manager was telling you to turn off your phone more just not to take work related calls. If you take a call when you are not working from a number you dont know and it is work related, politley tell the caller you are not at work and give them the work number or tell them you can get back to them when you are next at work.

    You are responsible for setting work/life boundaries; how did the client get your personal number? If you choose to give your number to someone in your workplace then you are complicit in them calling you, if your employer gave them your number then request that your phone number not be given to anyone. Same goes for your laptop, you chose to use it, what would your employer do if you did not have one?

    If you feel unduly pressured then take it up with your employer, if you are not comfortable with this then you have two choices; suck it up or look for another job.

  • Donaldhump on 15/01/2020 - 21:52
    +1

    if a company wants you to answer phone calls out of hours etc then they should provide the phone. if they don't expect it give the client the land line number of your office.

    same goes for the laptop.

    • pegaxs on 15/01/2020 - 23:03
      +1

      If a company wanted me to take work related phone calls full stop, they need to supply me with a phone. And there is no way in hell I am giving my personal phone number to a company I work for who then give that number out to clients. And I sure as hell am not paying for a seperate SIM/number and/or phone for work related calls at all, even on work time.

      • spackbace on 16/01/2020 - 02:43
        -1

        cough

      • Danstar on 16/01/2020 - 07:43
        +1

        And I sure as hell am not paying for a separate SIM/number and/or phone for work related calls at all, even on work time.

        You could just claim it on tax….

        Sometimes you need to do a bit extra to get a job / keep a job…Although IMO, using a mobile to assist with your job isn't going above and beyond

        • Donaldhump on 16/01/2020 - 22:53

          The company should supply it and claim it on tax , what employee spends their own money to do their

          Pure exploitation

    • [Deactivated] on 16/01/2020 - 03:55
      +1

      This. Clients should never have a personal number paid for by you. It's bad practice both from your perspective and the companies (when you're such a good employee all the clients follow you to your new employer…..)

  • [Deactivated] on 16/01/2020 - 03:56
    +1

    If you do use personal phones or computers for work it's important to have this be documented as a company policy, I have worked with someone who was informally 'allowed' to use their own devices before being sued for 'stealing company secrets' at a former employer (They didn't, but it turns out the winner in that sort of court case is the one with the deepest pockets).

    If you're working in an office then you generally aren't expected to do anything, including emails or phone calls outside the office hours, at least when being paid for a set time period in the office. Some of this depends on if you're casual or part time (eg, flexible hours or fixed hours per week).

    It is customary to have a work number / email and have this auto-replied / forwarded when not working, doubly so if working part time. This is why it's important to not use a personal number / email. It's reasonable for you to have a work number / email supplied by the company and reasonable for them to request an auto-reply on the communications channels they supply.

  • Danstar on 16/01/2020 - 07:41
    +1

    She isn't forcing you to answer calls outside of work / respond to whatsapp messages…How many calls do you get from electricity companies that you need to answer? Like she said, make a voicemail….

    You can claim part of your personal mobile costs come tax time.

    Break time for 5 hours is 20 minutes.

    Yes you need a payslip and you would also need to be accruing annual leave / sick leave if it's a formal part time job and not 'casual'

  • Belgarath on 16/01/2020 - 13:54
    +2

    A lot of misinformation above. A lot of this depends on your award or if you are even on an award.

    Have a bit of a read http://www.fairwork.gov.au

  • Vote for Pedro on 23/01/2020 - 17:53

    Ask your union. They will be able to assist

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