Being Responsible Employer Part 2

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2 Being Responsible Employer Part 2

3 NSW Industrial relations Act (1996) Industrial relations are the rights and duties of employers and employees. Such as conditions of employment, wages and salaries. In this presentation we will share what we have learned, but we are not giving you advice It is your responsibility to make sure you are employing staff legally. There can be consequences including fines for not employing staff legally.

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5 Taxation - who pays? You need to work out if each support worker you hire is an employee or a contractor. Usually if the worker is an employee, then you are responsible for paying their tax If they are contractor, usually they are responsible for paying their own tax. The Australian Taxation Office has 6 criteria they use to decide. difference-between-employees-and-contractors/

6 Employee or contractor? Consider: Who has control over how to do the work? Whose business is it? (is the worker independent of you?) How are they paid? (hours they do, or do they quote for the job and invoice you when its done?) Can the worker delegate or subcontract the work? Who provides the equipment? Who is responsible? You or the worker?

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9 If your support worker is an employee

10 1. Register for a PAYG withholding account with the Australian Taxation Office

11 2. Get your employee s tax file number (TFN)

12 3. Work out how much tax to withhold Hold onto the tax until its time to pay the ATO It can be helpful to have a separate bank account where you accumulate PAYG and super

13 4. Report and pay PAYG to the ATO You need to give your employee a payslip telling them how much tax you have withheld. You must tell the Australian Taxation Office how much tax you have withheld Then you must pay the ATO that amount

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15 5. Make payment summaries at the end of the financial year The financial year goes from 1 July to 30 June. At the end of the financial year, you need to: tell your employee: - how much you paid them that year o how much tax you withheld. tell the ATO: - how much you paid all your employees - how much tax you withheld.

16 If your worker is a contractor 1. Check their ABN is still active at this website. 2. If it is, and they provide you with an invoice with their ABN, you do not need to withhold tax.

17 Superannuation:

18 If the support worker is a contractor (Fringe Benefits Tax)

19 Working-out-if-you-have-to-pay-super/Contractors/

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22 Policies

23 Policies Policy = broad guidelines on how things are managed Procedures = how tasks and duties are done.

24 There are many areas in which you might need to have a policy Payroll Changing Pay Details Hours of Work Lateness for work Reimbursement of Expenses Travel Work Environment Code of Conduct Policy Dress Code Policy IT, Internet & & Policy Social Media Policy Recruitment Policy Induction Policy Training & Development Probation Occupational Health & Safety Workplace harassment and bullying Pregnancy at Work Leave Performance Management Performance improvement Gross or serious misconduct policy Grievance complaints Conflict of Interest Intellectual Property & Security Environmental Best Practice

25 Industrial Relations NSW: every workplace should have these 4: 1. Code of conduct - reflects your values, ethics = and expected workplace behaviour e.g. accountability in dealing with the person, the community, colleagues, dress standards, punctuality etc 2. Disciplinary Policy - process for giving warnings or terminating employment, including not-negotiable behaviours which may lead to dismissal 3. Leave policy - types of leave available and the process that must be followed to access the leave 4. Workplace discrimination, bullying and harassment - describe what this means and what staff can do. Not all workplace issues require a policy. Many routine matters can be dealt with through simple workplace procedures and processes being put in place.

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27 Workplace Health & Safety

28 Workplace Health & Safety

29 Workplace Health & Safety

30 MANAGEMENT OR CONTROL OF WORKPLACES

31 House safety checklist Good for staff Good for the person with a disability Good for our peace of mind Every 6 months We have a microboard member who takes responsibility but you can also invite an informal network member of staff member

32 We use PODIO Decide on a system which works for you Online is best for long term record keeping Dropbox, Google Drive etc Ideally a system which gives calendar reminders to do safety reviews

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38 Employees are a community of human beings Pyschological well being is your responsibility Expecting that you only have to tell your staff something once and it will happen isn t realistic They need recognition for the good work they do and opportunities to learn and achieve their goals What s your risk management plan for when both you and your staff are stressed/distressed? Microboards have a nominated staff liaison - you can invite others to assist you with this from your network.

39 Payroll

40 Paying your workers Pay workers Provide payslips Pay tax Pay superannuation Pay leave Provide PAYG Payment Summaries

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42 Provide Payslips Employer name and ABN Date of Payment and Pay Period Any amount which is a bonus, loading, allowance, penalty rate, incentive-based payment or other separately identifiable amount Gross payment Deductions and net payment Superannuation

43 Online Systems Many online systems available We don t endorse any I chose to use Xero because my book keeper knows it and it also did invoicing for Isaac s social enterprise business. Your requirements may be different. Get advice from a book keeper or accountant You don t need to know everything at the start, you can learn

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45 Insurances

46 Why get insurance To reduce the risk Workers compensation insurance is compulsory Public liability insurance may be a good idea depending on your circumstances - covers you for third party death or injury. Eg support worker accidentally knocks over member of public with wheel chair breaking their leg

47 Get advice from an insurance broker They can assess what kind of insurance you need

48 Don t let fear get in the way I didn t have any experience when I started I was scared, but I did it anyway Get a mentor, get some training, do your research and learn along the way Be brave! The benefits are worth the effort

49 Becoming a responsible employer Budget Create your budget so you know what you can afford PROBLEM 1 Nervous about not meeting legal responsibiliti es Organisation Setup Set up an organisation to be the employer You may be worried about what legal responsibilities you need to meet as an employer You may worry about what it costs to employ your own staff. Insurances Ensure you and your workers are covered by appropriate insurance You may be worried about be liable for damage or accidents and are unsure of what insurances you need to manage this risk The steps to achieving the goal Superannuatio n & Tax Meet legal requirements for superannuation and tax You may be unsure of what superannuation and taxes you need to pay and how to go about paying them. Policies Develop and embed policies into you practices to guide employees You ay be unsure of what policies you need to implement to comply with the law and operate effectively You may be unsure of what IT systems you need to manage payroll and keep good records. Systems Implement systems to manage Payroll and records PRIZE 1 Confident you are meeting legal responsibilities PROBLEM 2 Unsure of what systems to use PROBLEM 3 Unsure of the costs involved CORE PROBLEM Poor Quality Family Life PRIZE 2 Effective systems in place to manage payroll and records PRIZE 3 Confident you have your budget in order PRIZE A better quality of life for whole family

50 Be brave Gather your tribe Get a great life