Been working with my current employer just under 2 years. They have been very sporadic with super payments, they paid on time for the first couple of months, but after that they paid every 6 months. Most recently, all of our supers (me and all the other employees that work there that i've talked to), have not been paid since July 2022 (Super from July 2022 up till now, Jan 2023).
I emailed the boss and he said that they are behind and short on funds, and would only be able to pay us in 2 months, March 2023. Is this allowed?
The boss was involved in money laundering just awhile back, and some suppliers and rent have not been paid, so a few of us are worried that the company might go bankrupt before we are paid our super. Is there anything we can do other than waiting for them to pay us in March?
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Super Guarantee is payable quarterly at a minimum based on the date your earnings were paid. For example, super for payday between 1 January and 31 March is payable by 28 April even if the payday is for work performed in a different period.
There are some limitations on what qualifies for employer contributions but no ability to delay payment.
If an employer doesn't pay ontime, the employer is obliged to lodge a superannuation guarantee charge statement with the ATO to disclose the shortfall. This charge is payable via the ATO who will monitor payment and apply interest until fully paid. Payments are then distributed to your fund.
More information including eligibility and how to lodge a complaint is on the ATO website.
https://www.ato.gov.au/unpaidsuper
The ATO reviews all employee complaints so it's best for all to raise the issue as early as possible.
