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Re: Can an Employee change their mind on nominating to receive Jobkeeper?

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Newbie

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Replies 8

We have a small business and based on likely May turnover, will be eligible for the Jobkeeper.

We are not a business that was forced to close, but have suffered downturn.  We did not meet the 30% downturn requirement in April, but it is very likely we will in May.

 

We do not have enough work for all of our team to return full time, but have enough work that they could all return 3 days per week initially, with a focus on doing what work we have and using other time to do training, small jobs around the workshop and upskilling.  

 

Since the one in, all in announcement, we understand that we are required to offer the Jobkeeper to all of our employees, and we have done so, and asked for the nomination form to be completed and returned.

 

We have one employee who was previously stood down due to lack of work and is now on Jobseeker.  He has indicated that due to child care issues, he may not be able to return to work for even 2-3 days per week.  If he was to return his nomination form stating that he does not agree to receiving the Jobkeeper, so that he can continue to receive the Jobseeker - is he able to change his mind later and get the Jobkeeper once his child care issues are sorted?

 

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Best answer

Community Support

Replies 7

Good morning @crispy77 

Thanks for contacting ATO Community.

 

Unfortunately, I can't find any information around the question you have raised as the content at the moment is focused on the first 2 fortnights pay cycles.

 

I would suggest that you keep an eye on our website for updated information.

 

Thanks,

AngelaG

8 REPLIES 8
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Best answer

Community Support

Replies 7

Good morning @crispy77 

Thanks for contacting ATO Community.

 

Unfortunately, I can't find any information around the question you have raised as the content at the moment is focused on the first 2 fortnights pay cycles.

 

I would suggest that you keep an eye on our website for updated information.

 

Thanks,

AngelaG

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Dynamo

Replies 6

 Has there been any updates to this? I have an employee who wants to change their mind. Can they do this? They want me to go back to 30/03. I have already processed April pay runs and submitted our declaration to the ATO. 

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Community Support

Replies 5

Hi @JessicaRose

 

Thanks for joining the conversation.

 

We still don't have an answer for this one. While our website says that an employee can't change their nomination to another employer after agreeing to be nominated, it doesn't offer any guidance about employees changing their mind with the same employer.

 

Hopefully we will have some more information about this soon, so keep an eye on our forum and website for updates.

 

All the best.

 

Thanks, ChrisR

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Dynamo

Replies 0

Thanks ChrisR,

 

Would be awesome if we can get an update. I now have some employees that choose to continued to be stood down and took jobseeker but now that we are slowly opening up again want to change to JobKeeper so we can afford to hire them again. At this point in time I cannot afford to rehire anyone who choose not to take JobKeeper, we are running at a loss just to open the door before having to pay wages. I'd like to rehire the employees that were eligable for JobKeeper as they would really help out business to open again as they were critial staff but simply choose not to participate as they thought it would be a burdon on us if they were to accept it. 

 

I am sure we aren't the only employer who is now having to open with employees who choose not to participate in JobKeeper. 

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Initiate

Replies 3

Hello, 

 

Is there any update on this matter? I have the same question - can an employee who originally asked to NOT recieve jobkeeper from one employer, later change their mind and ask the employe to start paying them jobkeeper (if they are elgibile) going forward. 

 

I would presume that if the answer was yes, that the employee couldn't try to ask for backpay of JobKeeper though? Given the below information on the ATO website - this information below would make me thinkg that the employer can't attempt to claim jobkeeper for the employee for previous fortnights, if in that relevant fortnight the employee hadn't agreed to be nominated. 

 

https://www.ato.gov.au/General/JobKeeper-Payment/Employees/Eligible-employees/#Ifyouarenominatedbyyo...

Your employer will not be able to claim the JobKeeper payment on your behalf if:

  • you do not agree to be nominated
  • you do not return your employee nomination notice before they make a claim for you
  • they, or you, do not meet the eligibility criteria.
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Community Support

Replies 2

Hi @JessicaRose @sarah1991

 

If your employee generally meets all the other eligibility criteria however are only choosing to nominate now then provided the employer pays them by the key dates claiming those fortnights only, we would expect the employer to be able to claim reimbursement.

 

Thanks for your posts

MarkATO

 

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Initiate

Replies 1

@MarkATO 

Hi Mark 

Can you please confirm, if my clients employee originally refused the nomination for the Jobkeeper and has been receiving the job seeker, he can now change his mind and fill out a new nomination form, for the July fornights and be able to receive the Jobkeeper.   If this is the case is he required to work, or can he still be stood down as they are in the events industry nothing has reopened as yet.

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Community Support

Replies 0

Hi @Channel-9623

 

We do not have specific information about that however the employer can assess their employees eligibility against the current criteria and complete the declaration on the nomination form.

 

To claim the reimbursement the employer needs to ensure all eligibility requirements are met for the fortnight.

 

Thanks, Ari