Your basic rights at work

Last checked: 31 October 2026

The short answer

Every employee in the national system is covered by the National Employment Standards, a set of minimum rights that no award, agreement or contract can take away. Your award or agreement sets your minimum pay, and your employer must also pay super. You have a right to refuse unreasonable contact outside work hours. Contractors have fewer rights, so it matters whether you are really an employee.

Key dates and time limits

• Your employer must reply in writing within 21 days to a flexible work request.
• Your employer must reply in writing within 21 days to a casual's notice to become permanent.
• From 1 July 2026, employers must pay super each pay day.

Step by step

1. 1

   Know the National Employment Standards

   They cover maximum weekly hours, flexible work requests, casual employment, parental leave, annual leave, personal and carer's leave, compassionate leave, family and domestic violence leave, community service leave, long service leave, public holidays, super, and notice and redundancy pay. Your employer must give you the Fair Work Information Statement when you start. Casuals must also get the Casual Employment Information Statement.

2. 2

   Check your hours and leave

   For a full-time employee the maximum is 38 hours a week, plus extra hours only if they are reasonable. All employees, including casuals, can take 10 days of paid family and domestic violence leave each year. If you have worked for your employer for 12 months and you are a parent, a carer, have disability, are 55 or older, are pregnant, or are experiencing family violence, you can ask in writing for flexible work.

3. 3

   Check your pay and super

   Your award or agreement sets your minimum pay, and you can check it with the Pay Calculator. If neither covers you, the National Minimum Wage is $26.44 an hour from 1 July 2026 (as at October 2026). Your employer must pay super of 12% of your qualifying earnings if you are over 18, or under 18 and working over 30 hours a week.

4. 4

   If you are a casual

   After 6 months (12 months with a small business), you can give your employer written notice that you want to become permanent if you think you no longer fit the definition of a casual. Your employer must talk with you and reply in writing within 21 days. They can refuse only for reasons the law allows, and they cannot cut your hours or sack you to avoid this.

5. 5

   Use your right to disconnect

   Outside your working hours, you can refuse to monitor, read or reply to work contact unless refusing is unreasonable. Things that count include why you were contacted, whether you are paid to be on call, your role, and your caring duties. This right has applied to all national system employees, including those of small businesses, since 26 August 2025.

6. 6

   Watch for unpaid trials and contractor labels

   An unpaid trial is lawful only if it is short, supervised and just shows your skills. Anything longer must be paid. Being called a contractor does not settle it: from 26 August 2024 the law looks at how the work really happens, such as who controls the work and who supplies the tools. Calling an employee a contractor to avoid paying entitlements is sham contracting, and it is illegal.

Who can help

Forms and the law