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Casual employees

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Newbie

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Hi,

 

We have a number of casuals on contracts that are from 7/1 - 31/12, the missing week aligns with our mandatory closedown.
Some are on these kinds of contracts from year to year. I've been unable to determine if this means that they are excluded from the Jobkeeper payment which outlines eligibility as:

- a long term casual staff member, which means you must have been employed on a regular and systematic basis in the 12 months up to 1 March 2020

Advice i got from the webchat from business.gov.au suggested that they probably are covered, because despite the "break" in employment the "regular and systemic basis" criteria is met, and to include them in the submission anyway, and that the ATO can figure out if they are eligible or not.  Smiley Happy

Thanks!

 

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Hi @Al-uni,

 

Thanks for reaching out.

 

As the casual employees had been employed by you for over 12months and there is a reasonable expectation of ongoing work on the basis that the contract recurs every year, the employee is likely considered to be employed on a regular and systematic basis therefore eligible for JobKeeper payments.

 

We have information about who is considered a long-term casual employee on our website.

 

We also have further information on employees on leave and their eligibility for JobKeeper.

 

Fair Work has provided additional guidance on employee and employer obligations – see JobKeeper changes to the Fair Work Act.

 

I hope this helps.

3 REPLIES 3
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Best answer

Community Support

Replies 2

Hi @Al-uni,

 

Thanks for reaching out.

 

As the casual employees had been employed by you for over 12months and there is a reasonable expectation of ongoing work on the basis that the contract recurs every year, the employee is likely considered to be employed on a regular and systematic basis therefore eligible for JobKeeper payments.

 

We have information about who is considered a long-term casual employee on our website.

 

We also have further information on employees on leave and their eligibility for JobKeeper.

 

Fair Work has provided additional guidance on employee and employer obligations – see JobKeeper changes to the Fair Work Act.

 

I hope this helps.

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Newbie

Replies 1

Thank you so much for your response. 

 

I have a subsequent question.  If an employee has changed from full time to casual as a result of the full time contract ending, and not being renewed or given to someone else, do they qualify for jobkeeper? They have years of continued service with the employer (so yes?), but are only newly "hired" as a casual (so, no). 

 

Thanks again. 

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Community Support

Replies 0

Hi @Al-uni,

 

So sorry for the delay in responding.

 

Yes the employee will still be eligible as long as they are meeting the other eligibility requirements.

 

See Work out if you are an eligible employee

  • are currently employed by the eligible employer (including if you were stood down or re-hired
  • were for the eligible employer (or another entity in their wholly owned group), either a:

                – full-time, part-time or fixed-term employees at 1 March 2020

 

                – long-term casual employee (employed on a regular and systematic basis for at least 12 months)

                   as at 1 March 2020 and not a permanent employee of any other employer 

 

We don't stipulate that an employee who has had a change to their work status from full-time to casual will be ineligible. As the employee has years of service full-time (employed on a regular and systematic basis for at least 12 months) and then a change to casual employment status we don't restart the clock.

 

Thanks for the great question and I hope this helps,

JasonT