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Re: Employee refuses to sign JobKeeper Employee Nomination Notice

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Devotee

Replies 9

hI @MariR,

 

Thankyou for your response, however this is in line with everything previous on this thread and still does not answer the fundamental question. 

 

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 and then submitting the nomination form with "yes" or "no" indicated?

 

Can anyone please advise who I can talk to in order to get a "Yes" or "No" answer to the above question?

 

The employee has been deemed eligible by the employer and a nomination form has been supplied, but not returned. The employee believes they can submit fresh versions of the form every two weeks advising as to whether they want to participate for that particular fortnight depending upon whether they have earned $1,500 or less. 

 

I believe this is unreasonable and would like to see the clarification, that once you have signed, then you are either in for the full period or out for the full period. Obviously employees leaving and re-hires provide the exception to this rule of thumb.

 

 

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Enthusiast

Replies 8

No. They can't elect in and out of the scheme simply because they want to. If they opt in excellent you pay them the 1500 if they dont sign the from too bad. Potentially at the end of the month if they were still eligible and you paid them at least 1500 you could nominate them for the scheme. Your employee wont get the form every fortnight to say yes or no to. The monthyl report is meant to show if employee movements have happened (e.g. someone quit, you hired a new person). The scheme wasnt designed for an employee to pick and choose when they want and when they dont want it. It doesnt even make sense... if they elect in they get minimum 1500 if they dont elect in you can pay them what is equal to the work youve done. If you sought professional advice and the agent couldnt help you maybe try fair work australia? 

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Devotee

Replies 7

Hi @Jobseekin,

 

A logical and common sense answer, but nobody from ATO will confirm in writing.

 

The employee will not get the form every fortnight but has downloaded soft copy to send every fortnight.

 

Professional advice and the ATO are unable to respond at this point in time potentially becase this was never deemed to be able to arise. However, I have spoken to more than one company where it is occuring, so I hold my breath for a final ruling on what to do.

 

Stay healthy

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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

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Enthusiast

Replies 5

Hi @Philipi 

 

I actually have this same question - wanting to opt in (would be from FN 5 in this case) after earlier opting out and not being included in eligible employee list.

 

I phoned the ATO who were of the impression it is possible, but are having a specialist contact me in the coming days.

 

I will share the advice I am provided with, and if it is different to what you have been told, you may want to contact them yourself.

 

I appreciate the ATO reps here are doing the best job they can, and that this measure is new, but it is a fundamental flaw that the employer is required to abide by the rules, but cannot get clarity on what those rules are. In some cases employers are having to weigh up being able to continue their buisness as a going concern now utilising jobkeeper and potentially facing business ending consequences if they happen to inadvertently get it wrong.

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Devotee

Replies 4

Hi @dante_941 

 

Agree with your sentiment, the ATO reps here are great up to a point. Only after eventually speaking to ATO Helpline (long wait) was it finally resolved.

 

If the employee refuses to acknowledge the form, record the company has tried with dates and times, then just complete as if the answer is no and they are barred from the scheme. No further issues.

 

Curious as to why the change, unless your previous JobKeeper payer had ceased trading?

 

Good luck

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Initiate

Replies 3

Hi Philipi,

I got a headache reading that, i understood your questions from the first post but took a while to kind of clarify.

Do i take from this, once someone ticks "NO, i do not agree to be nominated" they cant change their mind later due to changed circumstances? If they fill in a new form and say YES today they could get the last 4 FN's $1,500, understanding there is no backpays.

Thanks

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Devotee

Replies 1

Hi @Zac123,

 

From what I understood, once they have said "No" they can not keep changing their mind. If they have changed employment and have claimed jobkeeper from a different employer who has now ceased, they can not claim it from a new employer. Once you have a "No" form, that is relevant to the end of Jobkeeper 1.0, but what applies for jobkeeper 2.0 is possibly the same.

 

I know we have a new employee who has not claimed jobkeeper elsewhere and they joined in June so now are eligible, but again no backpays before 3 August 2020 (FN10).

 

Good luck.

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Community Support

Replies 0

Hi @Philipi

 

You are correct in believing that if the employee does not want to be initially nominated, than you should not claim, but if the employee changes his/her mind and is still eligible, then they can put in an employee nomination notice (apply from 3 August. The employee can't opt in and out, once in, unless circumstances exclude them from eligibility, as per @ChrisATO 's previous response) . Also, yes, you could apply for  a new employee who started from 1 July 2020 or earlier that meets the eligibility criteria (see 'Eligible employees' link below). You should not back-pay, but could apply for fortnights in August to meet the 'wage condition' (at least $1,500 gross per fortnight) by Aug 31 (as per Jobkeeper pay dates).

 

The latest (proposed) changes to employee eligibility do have some strict criteria for employees being eligible for a Jobkeeper related payment with a different employer. However, one of the criteria is - an employee must have left employment of the original employer by 1 July 2020, and started with the new employer also by the same date (1 July), as per Eligible employees.

 

 

We have some new information about the extension of Jobkeeper payment , that you can look at our ATO website. Keep in mind that the changes from Sept 28th are still only proposals (including those discussed in above paragraph), but will take effect from that date once legislated. We expect to have more information once it has been legislated, so keep an eye on our website eg Jobkeeper timeline for content updates .

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Community Support

Replies 0

Hi @Zac123

 

As per Your eligible employees , there are timeframes of informing your eligible employees of the nominating process, and giving the nomination notice to newly eligible employees (after 3 August 2020). The restrictions are mainly regarding being nominated for more than one employer at a time, and not the same employer.

 

If an employee later changed their mind and wanted to nominate he/she could do that, but bear in mind the employer still needs to meet the 'wage condition' (eg paid employee at least gross $1,500 per fortnight) by the due dates , as per Jobkeeper key dates (fortnights). For example, if an employee decided that he/she wanted to be nominated for any August fortnights, this could not happen as it would be too late to be paid the wage condition, according to Jobkeeper guidelines.

 

The only difference to the wage condition for extensions 1 & 2 is that this will change depending on the period and 'Tier' that the employee qualifies for.