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Not sure about your rights at work? - Ask Neale


question

My question is that in the contract they have a point that states the "If the client withholds payment to[company name] because of unsatisfactory work of the Employee,[company name] shall so notify the Employee and shall not be required to pay the Employee for such period of work for which the client has withheld payment, until(and if) the client so pays." This is a very harsh line and I find it very threatening. Could you advise please. Where should the line be drawn?

Sharief P


answer

The employee is not to be made personally liable for a contract the employer has entered into with another party. It is the duty of an employer to pay an employee for work done, and whether or not the contracting party thinks the job isn't good enough, or hasn't paid the contractor for work done, should not effect the payment of the employee, is irrelevant to the contracty of employment between the employer and employee. The employee has a duty to work at the level of skill and competence for which they are paid, but a separate contract with another party does not impinge on that duty.



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Ask Neale is a free advice service provided by the New South Wales Labor Council. Whilst all care and due diligence has been taken in preparing this advice, the NSW Labor Council cannot accept any responsibility for any actions or outcomes users may make from viewing this advice.



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