Maintaining a business during the holiday season can be difficult, especially when navigating what you legally can and can’t do on public holidays. In most situations, employees can choose not to work on public holidays, but this can vary depending on the specific situation.
Can Employers Force Employees to Work on Holidays?
Generally, businesses in Australia cannot require employees to work on a public holiday.
However, employers can request that employees come to work under reasonable grounds. Employees then can either accept the request or deny it if they have reasonable circumstances not to work.
When Can A Business Require Working on Holidays?
Some types of businesses that stay open over holidays often can ask employees to work depending on their enterprise agreement. For example, restaurants, hospitality, and retail shops may be able to require working on holidays if employees are given additional compensation. These employees would fall under awards allowing for an increased pay rate during holiday hours.
Employees working over public holidays must be paid at least their base rate and often are required to receive supplementary entitlements. The additional compensation depends on the type of worker and agreed-upon awards.
For What Reasons Can a Request or Refusal Be Made?
Various factors can be used to determine if a request or refusal to work is reasonable. Overall, this depends on the specifics of the employer and employee’s circumstances and their enterprise agreement. Common things to consider include the following:
- The employee’s personal circumstances
- The operational needs of the workplace
- If the employee will be entitled to additional pay
- If the employee’s salary includes work on a public holiday
- If the employee is full-time, part-time, casual, or a shift worker
- How much notice the employee was given about working
- How much notice the employer was given by an employee refusing to work
To learn more about what requests count as reasonable, visit Section 114 (4) of the Fair Work Act. Overall, employers cannot require that employees work during public holidays in most situations, with the details depending on the specific scenario.