Managing Employment and Relations

Running Head: EMPLOYMENT RELATION 0
Managing Employment and Relations

EMPLOYMENT RELATION 1
Employment relation regulation and practices in Australia and India: compare and
contrast
In Australia, the main law that assist the employment relations is Fair Work Act 2009. It
governs majority of the workers of Australia that is supplemented by the other territory, state,
and federal legislative schemes that presents in the areas such as health, safety, work as well
as non-discrimination. As compare to Australia, employment relation law in India is framed
by the state and central government, individual and collective agreements, as well as by the
judicial precedents. It does not has specifically has one law (Rani, 2017). Various laws
regulate the employment relations in India (Helfen, Schüßler & Sydow, 2018). Therefore,
India has no single code on the employment and labour laws. As compare to Australia, the
fair work commission determines the essential industrial instrument including the modern
award. Every year the fair work commission conducts the review of annual wage and decides
the national minimum wage. It does not include the minimum wage in each region
specifically (Bray & Power, 2017). As compare to this, India has Minimum Wage Act 1948,
which includes the minimum wages at state, nation, occupation, or sector levels. In this way,
it determines the different wages for different class of work. In India, the several practices
govern the employment relations. It includes the factories Act 1948 (providing the safety,
health, welfare, leave and working hours of workers in the factories), contract labour (it
regulates the engagement of contract labour as well as contractor by the principal employer)
and many other laws. However, Indian government has also made the several regulation in
order to protect the interest of every international worker who are coming in India (Sinha,
Sinha, & Shekhar, 2017).
In Australia the regulation and practices of employment relation includes those person who
work pursuant to the service contract rather than the service on contract. This act also
provides the regular requirement such as employment must be systematic and regular
(Widdows, 2017). As compare to this, India employment regulation has included the
different type of worker in every practice. For example- in the Factories Act, it has included
the worker who is directly or through any agency is included in process of manufacturing. In
the Industrial dispute Act, worker man means any person who is employed in any industry to
do any skilled, manual, unskilled, supervisory work or operation work. Wages rates are also

EMPLOYMENT RELATION 2
decided in each of the act that is not explained in the Australia employment relation law
(Douglas & Watt, 2018).
In Australia, the contract of employment relation is not needed to be in writing. However, at
the time of commencing employment, all the employees are required to provide with a copy
of fair work information statement that helps them in advising regarding their rights.
Similarly, Indian workers are also not mandatory required to provide the written contract of
employment. As compare to Australia, they can also communicate the contract of
employment regularly. It is not as much successful as oral communication can be sometime
miscommunicated or misunderstood by the employee. Therefore, like Australia, it should also
at least provide the copy of their work by underlining their rights. In addition to this,
Australia has no common law related to the right to privacy. Privacy act contains the record
of employee exemption that tends to relieve the employers from the several obligations.
Employers in this case are also free to use, collect, and disclose the employee record.
Therefore, it can also bring the required changes in employment relations.
In Australia, terms of contract can be implied into contract by custom, fact, or law. Terms
that are implied by the law proves to be essential that include the employee’s duties of
fidelity and faith to work with the diligence and skills. However, most of the implied terms
can be excluded by the terms of contract. As compare to Australia, Indian terms of contract
are applied by the way of usage, custom and practices. In the terms of contract, implied terms
can be the obligations such as duty to maintain the confidentiality, duty of care and non
disclosure. During collective bargaining, the employer and labour union make proposals on
non-economic issues, such as grievance procedures, seniority-based shift bidding and
economic issues, such as benefits, wages and pension contributions. It is also being implied
in the contract that employee is not allowed to make use the trade secrets of its previous
employer. The main criticism of the terms of contract of employment is that essential terms
and conditioned should be mentioned in the contract (Deakin & Haldar, 2015).
Employment relation practice of Australia also includes the minimum standards of
employment that is observed by the National Employment Standards. It includes the flexible
working environment, maximum hours in week, annual leave, parental leave, long service
leave, compassionate leave, community service leave, public holidays, and information
statement regarding fair work. The good point of its terms and condition is that it has
properly divided all the leaves. However, it fails in dividing the workers in each industry