What happens if my employer doesn't give me pay slips?

In Plain English

If your employer doesn't give you pay slips, they're breaking the law. The Fair Work Act 2009 says employers have to give you a pay slip within one working day of paying you. The pay slip can be electronic or a hard copy, and it has to include specific information like your employer's name, your name, the pay period, the gross and net amount you were paid, and any deductions. If your employer doesn't follow these rules, they could face penalties.

Detailed Explanation

The Fair Work Act 2009 and the Fair Work Regulations 2009 outline an employer's obligations regarding pay slips.

  • Obligation to Provide Pay Slips: Section 536(1) of the Fair Work Act 2009 states that an employer must give a pay slip to each employee within one working day of paying them. This is a civil remedy provision.

  • Form of Pay Slip: Regulation 3.45 of the Fair Work Regulations 2009 specifies that a pay slip must be either in electronic form or a hard copy.

  • Information Required on Pay Slips: Regulation 3.46 of the Fair Work Regulations 2009 details the information that must be included on a pay slip, such as:

    • Employer's name
    • Employee's name
    • Pay period
    • Date of payment
    • Gross and net amounts of payment
    • Any bonuses, loadings, allowances, penalty rates, incentive-based payments, or other separately identifiable entitlements
    • Employer's ABN (if any)

    The pay slip must also include details of any deductions made, including the amount and the fund or account into which the deduction was paid. If the employee is paid hourly, the pay slip must show the rate of pay, the number of hours worked at that rate, and the amount paid at that rate. If the employee is paid annually, the pay slip must include the annual rate. It must also include superannuation contribution information.

  • False or Misleading Pay Slips: Section 536(3) of the Fair Work Act 2009 states that an employer must not give a pay slip that the employer knows is false or misleading. This is also a civil remedy provision.

Failure to comply with these obligations can result in penalties under Part 4-1 of the Fair Work Act 2009.