Does my company need to pay me super as a sole trader who only does labour for them?

 Author: EthanATO(Community Support)Community Support

ATO Certified Response9 July 2022

Hi @precog,

Whether your employer is required to pay you super depends on your working arrangement. We won't be able to tell you for sure without knowing more details on your situation. Employers are required to pay super for contractors if they're paid mainly for their labour. If you're a contractor being paid wholly or principally for your labour, you'll be considered an employee for super purposes. A couple of ways you can determine if you're paid wholly or principally for your labour is:

• you're paid wholly or principally for your personal labour and skills,
• you perform the contract work personally,
• you're paid for hours worked, rather than for a specific result.

That page you linked is a great place to start to see if it applies to you. The examples on there are also worth looking at too. I would recommend having a look at our super entitlement tool next. You'll enter some details on your situation and it should help you determine if you're entitled to super.