Casual employment contracts for fixed term

Sorry not property related but this forum's talent pool is too good to not run by.

I have a problem currently that would be fixed somewhat with some sort of contract that binds casuals to a fixed period, wherein if they 'quit' within the period, there would be a penalty of sorts. Is such a contract common? Anecdotally yes, e.g. hear from friends who remember having to sign such things working maccas or retail etc in their younger days.

I don't necessarily care about enforceability (it's really just a bluff, I won't even enforce the penalty, just some people stuff us around and it's just a tool to keep people in line), I just want to know if such a thing is actually commonplace, and if so, where I could find a template.

 

Instead of a penalty, provide an incentive.

For example, 'if you stay 6 months you will get a bonus based on your total hours worked during that period'.

Also, is the workplace culture encouraging people to stay. Are people being offered enough work? Is the pay competitive?

 

Yes absolutely. It's a small minority that I'm going to apply this to. And regarding structuring it as a reward vs penalty, certainly, I would. It's effectively the same thing but sounds better. E.g. credit card surcharge vs bank wire discount.

 

What sort of work?

 

a penalty would be unenforceable.

 

Highly recommend the incentive vs penalty.
A good news story always encourages people to stay (ie : $200 bonus for 6 months, $500 for 1 year etc)

 

Not much of an incentive there! its like the watch after 10 years long service!

 

I'm only giving this to the people I sense are problematic, and when the timing suits me (i.e. fire them now or lock them in for a year, so I don't get stuffed around) - I'm not going to reward these people over my other good people. Maybe no incentive / penalty then.

Anyway my original question is whether this was commonplace and how would it be structured - if there was a common name for it I could start by googling that, etc.

 

Just an idea. There isn't a limit to hiring new casual staff. Keep looking for new staff to take their place. And if they are so troublesome, give them less shifts over time.

 

Isn't the whole point of casual work the lack of any ongoing commitment? I.e. you don't have to use them, they don't have to do any shifts they don't want to.

 

Already doing this, there's still training overhead.

Yes, that's what I currently trying to get my head around - apparently employers are locking in their casuals for fixed terms and I want to do that too lol...

 

Try Fair Work Australia for guidance.

 

I would think a contract from you would assist them greatly at Fair Work

 

Can't see how?

Maybe part-time fixed term?

 

Sounds fair - you want the freedom offer few hours and to prevent them from quitting to take a stable job with regular hours

 

Casuals are that for a reason.

Are they saying yes to shifts and then not turning up?

Are you giving them a fixed amount of hours per week, or do you ring them up shortly before they are needed for a shift?

If training overhead is troublesome and you actually need people continuously, why not part time? Give them a certain amount of hours per week?

 

Hi @scientist. What is the job?

 

Wasn't there a case a few weeks ago which allowed for casuals to be considered part time after continuous employment for 12 months. this means those casuals have similar benefits as a part time employee would with paid holidays and sick leave etc. I am not an employment lawyer so don't rely on this.

 

Interes

There is a very interesting article on the Fair Work Australia website about this.

 

Maybe it's a cultural issue at your place of business? No offence, but I'd be concerned working for someone who comes up with an idea to introduce a punitive system to lock in casual staff. It suggests to me a worrying mindset that I imagine probably filters through to other policies you have at your workplace.

They're casual, no holiday pay, if they're sick they don't get paid, you can choose not to give them shifts at any time. You seem to think that they owe you some kind of loyalty?

Offer casual of full time positions to your good employees and your new casual staff might have an incentive to stick around.

By all means the casualisation of the workforce isn't all bad. But if a business is going to hire casual staff then a casual mindset to their place of work is what they should expect.