I have a labour only contract with a company.
The contract states if they have to pay me super then I must pay that & related costs back to them. Is this legal?
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G'day @chmeee 👋
No, if you are eligible for super, then your employer must pay super guarantee into your super fund, not to you. It is an additional obligation they have and they must pay it.
Have you already signed the contract?
Follow the ATO guidance for next steps.
Deanne
Thank you
Hi Deane
Yes, I worked with them for three years. I am certain they should have paid me super but there is a clause in my contract that states:
"the Consultant will be responsible for payment of, and will indemnify the Company against and hold the Company harmless from, any and all liabilities for payment of or retention of income tax, levies, workers’ compensation insurance premium payments, superannuation contributions and guarantee charges, penalties for non-payment of any amount due and any other amounts payable under legislation, whether or not required by law in relation to the provisions of the Services in respect of the Consultant"
From what I had read it was not enforceable so I was not too worried. But now they will not pay.
So I have contacted a lawyer, I will see how that goes.
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