I am an independent contractor, who has worked in a government department for 16 years, working set days a week and paid hourly for my skills and labour and am not able to delegate my work. I have never been paid super guarantee payments. The government department has just agreed that I should have been paid super as a deemed employee for superannuation purposes and they agreed I am entitled to backpay; however they are saying they think they only have to pay me backpay from 2023 due to an ATO ruling. Is this correct?
They have stated they have my pay records for the whole 16 years and I also have copies of my remittance advice slips for the whole 16 years so this does not appear to be the reason they don't want to pay prior to 2023.
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