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27 Feb 2024

I have been employed by the same company for 13 years and may decide to switch from full time employment to a sub contractor with an ABN.


Will my entitlements be paid out in full? Annual leave and long service leave?

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1,022 views
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PayrollDeanne(Taxicorn)Taxicorn
28 Feb 2024

Hiya @Frankbullock 👋


Annual leave and long service leave are entitlements for employees only. When you resign your employment, you will be paid out your entitlements according to the employment obligations.


If you are then a contractor with an ABN that subcontracts to another contract, you aren't an employee of your former employer and have no entitlement to leave.


Employment ends - entitlements are paid out, as per the Fair Work Ombudsman, not a tax matter for the ATO.


Deanne

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Most helpful reply

PayrollDeanne(Taxicorn)Taxicorn
28 Feb 2024

Hiya @Frankbullock 👋


Annual leave and long service leave are entitlements for employees only. When you resign your employment, you will be paid out your entitlements according to the employment obligations.


If you are then a contractor with an ABN that subcontracts to another contract, you aren't an employee of your former employer and have no entitlement to leave.


Employment ends - entitlements are paid out, as per the Fair Work Ombudsman, not a tax matter for the ATO.


Deanne

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Will I get paid out long service leave? | ATO Community