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Re: Employee refuses to sign JobKeeper Employee Nomination Notice

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Devotee

Views 2452

Replies 20

Hi all,

 

We have an employee who refuses to sign the JobKeeper Employee Nomination Notice indicating yes or no in time for us to process and pay a jobkeeper payment to him. All other employees have signed and agreed without exception.

 

Are we able to add the employee at a later date when he realises he is missing out or is it only when the first claim is made that we can include him?

 

Appreciate any responses or clarifications.

 

Stay healthy.

 

1 ACCEPTED SOLUTION

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Most helpful response

Community Support

Replies 0

Hi @Philipi 

 

Thanks for reaching out to us and for your patience.

 

@wonka5@Jobseekin and @mrsquiggle are correct. An eligible employee who has provided their employer with a valid nomination form cannot opt in and out of JobKeeper on a fortnightly basis. Once a valid nomination form has been provided to an employer, it is valid for that employee for that fortnight and all subsequent JobKeeper fortnights.

 

It is important to note that there may be circumstances where an employee is not eligible for JobKeeper in a particular fortnight because they fail to satisfy other eligibility requirements. This may be, for example, where Dad or partner pay is payable during the fortnight. These circumstances are fortnightly eligibility requirements, and do not affect the ongoing application of an employee’s nomination.

 

Good luck with everything.

 

Thanks, Chris

20 REPLIES 20
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Community Support

Replies 7

Hi @Philipi 

Thanks for your question.

It is not compulsory for an employee to nominate an employer for JobKeeper. It’s important they understand if they don’t nominate an employer, they cannot receive the JobKeeper payment.

Perhaps talk to your employee to understand why.

This link may help - If you are nominated by your employer.

Hope this helps.  

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Devotee

Replies 6

Hi @SaFa,

 

The employee believes the money should be his bonus and wants us to pay him directly, over and above his normal wage, so he benefits and not the company.

 

He also believes he can jump in and out of the JobKeeper payment system as he needs it, ie whenever his pay falls beneath the threshold. The belief is he can submit the employee nomination form with the respective "yes" or "no" box ticked every fortnight depending on what he is earning for that fortnight.

 

Clarity would really be appreciated about transferring in and out of JobKeeper.

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Community Support

Replies 5

Hi @Philipi 

The JobKeeper payment is paid to you as the employer for all eligible employees who have nominated to participate. If your employee doesn’t nominate and that is their right, there will be no JobKeeper payment made to you for them as you will not be obliged to pay them the $1500 (before tax) minimum. You will just pay them as per their normal salary.

 

Our guide for employees on how much they will get from their employer may assist your employee in understanding how JobKeeper works.

Hope this information helps.

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Devotee

Replies 4

Hi @RobynS ,

 

Many thanks for the response, but are you able to answer the query as repeated below?

 

"He also believes he can jump in and out of the JobKeeper payment system as he needs it, ie whenever his pay falls beneath the threshold. The belief is he can submit the employee nomination form with the respective "yes" or "no" box ticked every fortnight depending on what he is earning for that fortnight."

 

I had included it in my original question as "Are we able to add the employee at a later date when he realises he is missing out or is it only when the first claim is made that we can include him?"

 

Clarity would really be appreciated about transferring in and out of JobKeeper as this is his stance and I can not answer definitively what the actual position is.

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Devotee

Replies 3

I think they have tried to answer you by providing you with the legislation so you can self assess. If you need tailored advice, you should seek professional tax advice.
My understanding is that you can add employees to the nomination each month when you report.
They cannot jump in and out fortnightly.
I cannot possibly understand why they would elect not to get the payment. It doesn’t matter what his income is, the subsidy is to help you keep him employed.
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Devotee

Replies 2

Hi @wonka5 ,

 

Thanks for your reply, but my query is not about eligibility of the company or the fact of self assessment and I have sought professional tax advice.

I just want to know about employees being added during the process based on their change of mind.

 

Can they choose to jump in and out of the scheme at their own timing?

 

I can not understand the logic, I am just trying to get the employee a written answer.

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Community Support

Replies 1

Hi @Philipi 

 

You can add the employee at a later date if he decides to participate and signs the form - the JobKeeper Guide for your particular situation explains how you can do this.

You could also provide your employee with the employee eligibility information, and some general information on the JobKeeper payment.

We can only provide general information on this forum, and point you in the direction of information on the website that may help you. If your employee wants further information, he could also check out the Treasury website and the legislation for JobKeeper.

 

Hope that helps

thanks

LizdeK

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Devotee

Replies 0

Hi @LizdeK , @RobynS , @SaFa ,

 

Appreciate the answers to a question, but:

 

Can the employee decide when to claim jobkeeper by jumping in and out of the scheme every fortnight depending upon whether it is benefical for him or not.

The employee wishes only to participate when he is paid the top up amount, but not when the money covers company costs.

Can the employee change his mind at will?

Sorry for the repetition but this is the fundamental question no one is answering and I don't know how to phrase it? 

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Community Support

Replies 10

Hi @Philipi 

 

If an employer chooses to apply for the JobKeeper payment and the employee meets the eligibility requirements you will have to let the employee know and they need to complete a JobKeeper employee nomination notice and return it to you, their employer.  However they can also refuse to participate if they choose.

 

If your eligible employees agree to be nominated by you, they must do so by completing the JobKeeper employee nomination notice and returning it to you for your records. To assist, you may choose to create your own employee nomination notice where it is not practical to have each employee complete and return the notice to you.

 

This will allow you to use your own portal or communication channel to obtain this information. You must tell those employees that you have nominated them within seven days after you have provided the employees' details to us.

 

The employee nomination notice does not need to be provided to the ATO, however employers are required to keep a copy of the completed form as part of their record keeping obligations under the law.

 

For more information , you can refer to :

 

 

I hope this information is helpful and you remain well during this time.

MarI