Locally Engaged Staff Terms Amp Conditions Of Employment-Books Pdf

LOCALLY ENGAGED STAFF TERMS amp CONDITIONS OF EMPLOYMENT
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AMENDMENTS, Date of amendment Section Summary of change. 1 INTRODUCTION 5, 1 1 Welcome 5, 1 2 Duration 5, 1 3 Variation 5. 1 4 Scope 5, 1 5 Policies and procedures 6, 1 6 Delegation to set terms conditions 6. 1 7 Consultative arrangements 6, 1 8 Further information 7. 2 LES EMPLOYMENT FRAMEWORK 8, 2 1 Employment framework 8.
2 2 Delegation to engage LES 8, 2 3 Types of LES employment 8. 2 4 LES Employment offers 9, 2 5 Variations to employment offers 9. 2 6 Internal transfers 9, 2 7 LES Code of Conduct 10. 3 PRE CONDITIONS OF EMPLOYMENT 11, 3 1 Pre engagement medical clearance 11. 3 2 Probity checks security clearances and identification 11. 3 3 Non national employees visas 11, 3 4 Probation 12.
3 5 Fitness for duty 12, 4 REMUNERATION BENEFITS 13. 4 1 Rate of salary 13, 4 2 Payment of salary 13, 4 3 Overpayment of salary 13. 4 4 Remuneration reviews 13, 4 5 Taxation 14, 4 6 U S social security contributions 14. 4 7 Principal Pension Scheme PPS 14, 4 8 Superannuation Guarantee Contributions 14. 4 9 Workers compensation 15, 4 10 Health insurance 15.
5 HOURS OF WORK 16, 5 1 Hours of work 16, 5 2 Flexible work arrangements 16. 5 3 Excess duty 17, 5 4 Shift work 18, 6 LEAVE 19, 6 1 Leave entitlements 19. 6 2 Unauthorised absences 22, 6 3 Recall from leave 22. 7 RETIREMENT RESIGNATION AND TERMINATION OF EMPLOYMENT 23. 7 1 Retirement 23, 7 2 Resignation 23, 7 3 Expiry of fixed term employment 23. 7 4 Termination of employment 24, 7 5 Redundancy 25.
7 6 Separation entitlements 25, 7 7 Death of an employee 27. 7 8 Recovery of debts on termination of employment 27. 8 POST SPECIFIC PROVISIONS 28, 8 1 North American Pension Scheme NAPS 28. 9 TRANSITIONAL ARRANGEMENTS 29, 9 1 Recreation leave accrual 29. 10 GLOSSARY 30, 1 INTRODUCTION, 1 1 WELCOME, Locally engaged staff LES are engaged overseas to perform work for DFAT or another Australian. Government agency at an overseas post LES support and complement the professional capacities of. Australian Public Service APS employees by providing essential in country knowledge networks and. continuity at overseas posts in over 100 locations LES form an important part of our workforce and make a. significant contribution towards the Australian Government s objective of advancing Australia s national. interests and we welcome you on board, 1 2 DURATION.
This document is effective from 1 January 2019 and will continue to apply until it is replaced by a new Terms. and Conditions document, 1 3 VARIATION, The post reserves the right to vary or extend these terms and conditions at any time as a result of changes to. local labour law or operational requirements Such changes may include but are not limited to. changes of a structural or technological nature, changes in methods of operation or. changes to operational hours, This document is known as the Locally Engaged Staff Terms and Conditions of Employment United States. of America 2019 and abbreviated to LES T C USA It outlines the terms and conditions of your employment. with Australia s overseas posts in the USA It applies to all LES engaged by the following posts unless. otherwise specified, Australian Embassy Washington DC. Australian Consulate General New York, Australian Permanent Mission to the UN New York.
Australian Consulate General Los Angeles, Australian Consulate General Honolulu and. Australian Consulate General Chicago, These locations are collectively referred to as a post throughout this document. These terms and conditions replace and supersede in their entirety the Washington LES Terms and. Conditions of Employment 2015 2018 the New York LES Terms and Conditions of Employment 2015 2018. the Los Angeles LES Terms and Conditions of Employment 2015 2018 the Honolulu LES Terms and. Conditions of Employment 2015 2018 and the Chicago LES Terms and Conditions of Employment 2015. 2018 Any previous version s and any prior arrangements undertakings or obligations written or verbal. are hereby replaced, These terms and conditions do not extend to LES engaged by Austrade nor do they apply to contractors and. third party service providers who are not considered to be LES Domestic staff employed by HOMs HOP and. non HOM HOP SES are not subject to these terms and conditions. 1 5 POLICIES AND PROCEDURES, These terms and conditions are supported by a series of workplace management and Human Resource. policies guidelines and instructions and should be read in conjunction with the LES Human Resources. Manual LES HRM and office circulars issued by post management Where particular conditions of. employment are absent from this document local labour law will apply. For the avoidance of doubt these terms and conditions override the LES HRM in the event of any. inconsistency, Agency specific policies and procedures pertaining to employment matters do not form part of this.
The contents of these terms and conditions of employment and associated policies and guidelines do not. constitute the terms of a contract of employment express or implied or the guarantee of any benefits. These terms and conditions of employment should not be construed as a guarantee of continued. employment Regardless of any statement in these terms and conditions employment with the post is in an. at will capacity and either the employee or the post may end the relationship at any time and for any. 1 6 DELEGATION TO SET TERMS CONDITIONS, The delegation authority to approve and or amend these terms and conditions rests with the Chief People. Officer CPO and Assistant Secretary Overseas Operations and Services Branch AS OVB Department of. Foreign Affairs and Trade DFAT Any variations will be made in consultation with the HOM HOP and. Agency Heads, 1 7 CONSULTATIVE ARRANGEMENTS, Post management will consult with LES about proposed changes to these terms and conditions and will. provide an opportunity for employees to express their views before a final decision is made to implement a. 1 8 FURTHER INFORMATION, This document has been designed to provide you with easy access to all of the information you need about. your terms and conditions of employment as a LES member Should you dispute the interpretation of a term. or condition of employment or require clarification or additional information about any aspect of your. employment please contact your supervisor or the SAO at post in the first instance. 2 LES EMPLOYMENT FRAMEWORK, 2 1 EMPLOYMENT FRAMEWORK. In accordance with the Prime Minister s Directive Guidelines for Management of the Australian Government. Presence Overseas DFAT is the lead agency managing the Australian Government s international presence. Each individual post is the legal employer responsible for the employment arrangements of the LES engaged. by posts in each location in the USA excluding those LES engaged by Austrade. 2 2 DELEGATION TO ENGAGE LES, All LES are engaged under Section 74 of the Public Service Act 1999 Cth The official delegation authority.
to engage recruit LES at the post rests with the HOM HOP and SAO SES1 and EL2 only. 2 3 TYPES OF LES EMPLOYMENT, LES may be engaged in one of the following categories. Category Description, Ongoing permanent Engaged without a specified end date. May work full time or part time hours, Non ongoing fixed term Engaged for a specified term or task up to a maximum of two continuous. May work full time or part time hours, Non ongoing ad hoc Engaged to perform duties that are irregular or intermittent basis for a finite. period of time, May work ad hoc on demand hours up to a maximum of 12 continuous.
Temporary Engaged on a temporary basis directly from the post s Temporary. Employment Register on a non ongoing fixed term or ad hoc basis up to a. maximum of three continuous months, Part time employees. Remuneration and the range of benefits outlined in this document are calculated on a pro rata basis for. employees who have been approved to work part time hours unless otherwise required by local law. If you are the principal A or G class visa holder on the basis of your employment at post you may not work. 2 4 LES EMPLOYMENT OFFERS, The HOM HOP SES Band 1 EL2 SAO will determine the type of employment offered for each LES position. and all employment offers must be signed before an employee commences duty. To avoid doubt and without prejudice to any rights the parties may have under the offer the employee. acknowledges that upon the expiration of a non ongoing fixed term or ad hoc employment offer the post. is under no obligation whatsoever to extend all or any of the terms of the offer enter into any further or. other offers of employment with the employee or provide any further employment to the employee Any. renewal of a non ongoing or temporary employment offer is at the discretion of the post and further. employment should not be assumed, 2 5 VARIATIONS TO EMPLOYMENT OFFERS. Your employment offer may be amended to reflect changes in employment arrangements in accordance. with the terms of the employment offer and local labour law where practicable Supervisors will discuss. employment offer variations with you at least five working days before the proposed variation date. 2 6 INTERNAL TRANSFERS, Post management reserves the right to re allocate employees to different positions and sections within each. location if required in order to meet the work priorities of each individual post Transfers will occur after. appropriate consultation with the affected employee the appropriate Agency Head the SAO and approval. by the HOM HOP, Transfers will be to positions that require the same or similar skills of the transferring employee and may.
occur within an agency as well as inter agency The affected employee will be transferred at their existing. level of remuneration and WLS pay point A transfer to a different section or agency within the same. location is considered to be an internal transfer and does not require the resignation and re engagement of. the employee or affect accrued entitlements, If you are transferred to another position you shall be notified in writing no less than five working days prior. to the transfer date, If you are successful in obtaining a position in another location please be advised that this is not considered. an internal transfer but new employment and you will be required to resign from your current position and. sign a new offer of employment, Please note that the Australian Consulate General and the Australian Permanent Mission to the UN in New. York are considered separate posts for the purpose of this section. 2 7 LES CODE OF CONDUCT, The LES Code of Conduct of the USA forms part of your conditions of employment Upon commencement. you are required to sign an acknowledgement that you have read and understood the LES Code of Conduct. and will abide by its contents You are required to maintain conduct consistent with the LES Code of. Conduct during your employment and should review the LES Code of Conduct regularly Alleged misconduct. may be investigated formally and if you are found to have breached the Code of Conduct you may be. subject to disciplinary action including possible dismissal. 3 PRE CONDITIONS OF EMPLOYMENT, 3 1 PRE ENGAGEMENT MEDICAL CLEARANCE.
Your employment offer may be subject to a satisfactory medical clearance to establish fitness for duty and to. perform the duties in which you will be engaged Medical examinations will be conducted where possible. by a post designated physician and the cost will be covered by the relevant agency. 3 2 PROBITY CHECKS SECURITY CLEARANCES AND, IDENTIFICATION. A probity check and or Australian Government security clearance may be required as a pre condition of your. employment and revalidation reviews may need to be undertaken on a periodic basis False statements. made by you relating to the security clearance or probity check will be deemed to be a violation of the LES. Code of Conduct, You are required to notify the post of any change in name address or family composition e g new partner. or child Security cleared employees should also refer to the DFAT Security Manual for requirements. surrounding notification of planned travel and changes to personal circumstances. 3 3 NON NATIONAL EMPLOYEES VISAS, For all Australian or other non host country national LES your employment is conditional on you holding and. maintaining a valid visa with relevant employment authorisation It is your responsibility to obtain the. relevant documents and ensure compliance with immigration regulations relating to your visa and. employment authorisation at all times Employment may be terminated on the basis of a breach in. compliance with US immigration laws, If permission to enter or remain in the USA is refused not renewed or withdrawn your employment will. immediately terminate and the post will only be obliged to pay any entitlements owed as per local labour. law All costs associated with your relocation to from and stay in the USA including visa fees are your. personal responsibility The post will provide limited administrative assistance with an application for a. relevant visa through the relevant authorities where required. 3 4 PROBATION, The engagement of all new ongoing permanent and non ongoing fixed term LES is subject to the.
satisfactory completion of a probationary period of three months and all mandatory training There is no. The official delegation authority to engage recruit LES at the post rests with the HOM HOP and SAO SES1 and EL2 only 2 3 TYPES OF LES EMPLOYMENT LES may be engaged in one of the following categories Category Description Ongoing permanent Engaged without a specified end date May work full time or part time hours

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