Public Holidays when overseas

[Alice Eggleden]

Can anyone tell me what the legislation is for an employee who is on a project overseas during the time of a public holiday in Australia?
Does that employee then get the public holiday as time in lieu?
What if there is a public holiday in the coutry he is conducting the project in -does the employee then get the holiday in Austrail AND the holiday in the country they are in?

[HRbeat]

Hi Alice,

I'm not aware of the legislation but my opinion on this is that it should have been stated in the employee's project contract. I would treat temporary overseas assignment parallel to secondments overseas. My thinking is along the lines of including a clause governing public holidays, and that the employee is entitled to public holidays in the country of assignment during the period of the "contract", excluding public holidays in Australia.