Act of Parliament A.P. 06-008 | Employment Standards Act

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VOTE ON PASSAGE: PASSED

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A
BILL
TO

Establish general standards for recruitment, employment, and workplace environments.​

1 - About this Act
(1) This Act
(a) may be cited as the ‘Employment Standards Act’.
(b) may be numbered as P.B.06-###.
(c) shall be enacted immediately upon receiving assent from His Majesty the King.
(d) has been authored by the Minister for Welfare Gwi Styx.
(e) has been co-sponsored by Prime Minister Mc Anthropy.

2 - Interpretation
(1) For the purposes of this Act:
(a) "Employment" means an arrangement between two parties for the provision of paid labour.
(b) "Worker" means any party that provides labour under employment.
(c) “Employer” means any party that provides payment for labour under employment.
(d) “Role” means the duties performed by a worker.
(e) "Discriminatory" means treating a person differently on the basis of a personal characteristic, status, association, or belief.
(f) "Retaliatory" means done because a person has made use of, or assisted another person to make use of, a protection provided by this Act.
(g) “Misconduct” means improper conduct by a worker related to their employment that involves unlawful conduct or a serious or repeated breach of trust, duties, or the basic terms of their employment.
(h) "Work environment" means any place, platform, or other setting in which employment is performed or reasonably connected.


3 - Basic Terms of Employment
(1) An employer shall ensure that a worker is informed of the basic terms of their employment before, or as soon as reasonably practicable after, the worker begins performing labour.

(2) The basic terms of employment shall include:
(a) the duties and expectations of the role;
(b) the pay offered, or how pay is determined;
(c) any requirements or conditions attached to the employment; and
(d) how the employment may be terminated by either party.

(3) The basic terms of employment shall be provided by a written method that is reasonably likely to inform the worker.

(4) An employer shall not materially alter the basic terms of employment without reasonable notice, unless the alteration is reasonable in the circumstances.

4 - Applications for Employment
(1) Where an employer opens applications for employment, the employer shall provide potential applicants with the information reasonably necessary to understand the role and submit an application.

(2) Where applications are subject to a closing date, the employer shall state that closing date.

(3) An employer may modify a closing date where it is reasonable to do so and notice of the change is given.

(4) An employer shall consider applications fairly and on merit.

(5) An employer shall not refuse employment for any reason that is both unrelated to that employment and arbitrary, retaliatory, or discriminatory.

(6) An applicant who is refused employment shall be entitled, upon request, to be accurately informed of the reason for refusal.

5 - Fair Treatment
(1) A worker shall be treated fairly and reasonably in the performance.

(2) An employer shall take reasonable steps to provide a work environment that is:
(a) lawful;
(b) reasonably safe;
(c) suitable for the performance of the employment; and
(d) free from harassment, intimidation, abuse of authority, and malicious, retaliatory, or discriminatory treatment.

(2) An employer shall not require a worker to perform labour that is:
(a) unlawful;
(b) unreasonable; or
(c) contrary to the basic terms of their employment.

6 - Activity
(1) An employer may set reasonable activity or notice of absence requirements as part of the basic terms of employment.

(2) A worker shall not be treated as having breached their employment merely because they are temporarily unavailable, provided that they comply with any reasonable notice requirements where practicable.

(3) Where a worker is temporarily unavailable, the employer may make reasonable arrangements to cover, pause, reassign, or reduce the worker’s labour.

(4) An employer may suspend or dismiss a worker where that worker’s unavailability, inactivity, or failure to respond means that the employment can no longer reasonably continue.

(5) Where reasonably practicable, an employer shall attempt to contact a worker before suspending or dismissing them under subsection (4).

7 - Disciplinary Action
(1) An employer make take disciplinary action against a worker where:
(a) the worker has committed misconduct; or
(b) the worker has breached the basic terms of employment.

(2) Disciplinary action shall be proportionate to the reason for which it is taken.

(3) A worker subject to disciplinary action shall be entitled, upon request, to be accurately informed of the reason for that action.

(3) An employer may suspend a worker where suspension is reasonably necessary:
(a) to protect the employer, other workers, the public, public funds, or public order; or
(b) while alleged misconduct or incapacity is being considered.

(4) A suspension under subsection (3) shall last no longer than is reasonably necessary.

(5) Suspension shall not, by itself, be treated as a finding of wrongdoing.

(6) A worker may not seek compensation for potential lost earnings while reasonably suspended.

8 - Termination of Employment
(1) An employer may dismiss a worker where:
(a) dismissal is authorised by law;
(b) the worker has committed misconduct;
(c) the worker is unable or unwilling to perform the labour required; or
(d) the employment is genuinely redundant.

(2) An employer shall inform a worker when they are dismissed.

(3) A worker who is dismissed shall be entitled, upon request, to be accurately informed of the reason for dismissal.

(4) A worker may terminate their employment at any time.

(5) The termination of employment shall not affect any pay lawfully owed for labour already provided.

9 - Transitional Provisions
(1) An employer shall have sixty days from the assent of this Act to bring existing employment arrangements into compliance with this Act.

(2) The Crown shall have thirty days from the assent of this Act to bring existing employment arrangements into compliance with this Act.

(3) Any employment arrangement in force immediately before this Act receives assent shall continue in force so far as it is capable of operating under this Act.
 
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The Scarlet Flame Coalition
Through Its Deputy Prime Minister Kaiserin Anthropy
Moves to Pass
The Employment Standards Act​

Parliament notes:
(1) Workers' rights in Alexandria are in dire need of refinement.

Based on this, Parliament decides:
(1) To establish rigorous standards for employment that protect Alexandrian workers and better define the working relationship between employer and employee.

To fulfil this, Parliament projects the following expenses:
(1) None.

Further, Parliament projects the following administrative efforts:
(1) None.

To implement the above, Parliament passes:
A
BILL
TO

Establish general standards for recruitment, employment, and workplace environments.​

1 - About this Act
(1) This Act
(a) may be cited as the ‘Employment Standards Act’.
(b) may be numbered as P.B.06-###.
(c) shall be enacted immediately upon receiving assent from His Majesty the King.
(d) has been authored by the Minister for Welfare Gwi Styx.
(e) has been co-sponsored by Prime Minister Mc Anthropy.

2 - Interpretation
(1) For the purposes of this Act:
(a) "Employment" means an arrangement between two parties for the provision of paid labour.
(b) "Worker" means any party that provides labour under employment.
(c) “Employer” means any party that provides payment for labour under employment.
(d) “Role” means the duties performed by a worker.
(e) "Discriminatory" means treating a person differently on the basis of a personal characteristic, status, association, or belief.
(f) "Retaliatory" means done because a person has made use of, or assisted another person to make use of, a protection provided by this Act.
(g) “Misconduct” means improper conduct by a worker related to their employment that involves unlawful conduct or a serious or repeated breach of trust, duties, or the basic terms of their employment.
(h) "Work environment" means any place, platform, or other setting in which employment is performed or reasonably connected.


3 - Basic Terms of Employment
(1) An employer shall ensure that a worker is informed of the basic terms of their employment before, or as soon as reasonably practicable after, the worker begins performing labour.

(2) The basic terms of employment shall include:
(a) the duties and expectations of the role;
(b) the pay offered, or how pay is determined;
(c) any requirements or conditions attached to the employment; and
(d) how the employment may be terminated by either party.

(3) The basic terms of employment shall be provided by a written method that is reasonably likely to inform the worker.

(4) An employer shall not materially alter the basic terms of employment without reasonable notice, unless the alteration is reasonable in the circumstances.

4 - Applications for Employment
(1) Where an employer opens applications for employment, the employer shall provide potential applicants with the information reasonably necessary to understand the role and submit an application.

(2) Where applications are subject to a closing date, the employer shall state that closing date.

(3) An employer may modify a closing date where it is reasonable to do so and notice of the change is given.

(4) An employer shall consider applications fairly and on merit.

(5) An employer shall not refuse employment for any reason that is both unrelated to that employment and arbitrary, retaliatory, or discriminatory.

(6) An applicant who is refused employment shall be entitled, upon request, to be accurately informed of the reason for refusal.

5 - Fair Treatment
(1) A worker shall be treated fairly and reasonably in the performance.

(2) An employer shall take reasonable steps to provide a work environment that is:
(a) lawful;
(b) reasonably safe;
(c) suitable for the performance of the employment; and
(d) free from harassment, intimidation, abuse of authority, and malicious, retaliatory, or discriminatory treatment.

(2) An employer shall not require a worker to perform labour that is:
(a) unlawful;
(b) unreasonable; or
(c) contrary to the basic terms of their employment.

6 - Activity
(1) An employer may set reasonable activity or notice of absence requirements as part of the basic terms of employment.

(2) A worker shall not be treated as having breached their employment merely because they are temporarily unavailable, provided that they comply with any reasonable notice requirements where practicable.

(3) Where a worker is temporarily unavailable, the employer may make reasonable arrangements to cover, pause, reassign, or reduce the worker’s labour.

(4) An employer may suspend or dismiss a worker where that worker’s unavailability, inactivity, or failure to respond means that the employment can no longer reasonably continue.

(5) Where reasonably practicable, an employer shall attempt to contact a worker before suspending or dismissing them under subsection (4).

7 - Disciplinary Action
(1) An employer make take disciplinary action against a worker where:
(a) the worker has committed misconduct; or
(b) the worker has breached the basic terms of employment.

(2) Disciplinary action shall be proportionate to the reason for which it is taken.

(3) A worker subject to disciplinary action shall be entitled, upon request, to be accurately informed of the reason for that action.

(3) An employer may suspend a worker where suspension is reasonably necessary:
(a) to protect the employer, other workers, the public, public funds, or public order; or
(b) while alleged misconduct or incapacity is being considered.

(4) A suspension under subsection (3) shall last no longer than is reasonably necessary.

(5) Suspension shall not, by itself, be treated as a finding of wrongdoing.

(6) A worker may not seek compensation for potential lost earnings while reasonably suspended.

8 - Termination of Employment
(1) An employer may dismiss a worker where:
(a) dismissal is authorised by law;
(b) the worker has committed misconduct;
(c) the worker is unable or unwilling to perform the labour required; or
(d) the employment is genuinely redundant.

(2) An employer shall inform a worker when they are dismissed.

(3) A worker who is dismissed shall be entitled, upon request, to be accurately informed of the reason for dismissal.

(4) A worker may terminate their employment at any time.

(5) The termination of employment shall not affect any pay lawfully owed for labour already provided.

9 - Transitional Provisions
(1) An employer shall have sixty days from the assent of this Act to bring existing employment arrangements into compliance with this Act.

(2) The Crown shall have thirty days from the assent of this Act to bring existing employment arrangements into compliance with this Act.

(3) Any employment arrangement in force immediately before this Act receives assent shall continue in force so far as it is capable of operating under this Act.
 
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