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On 7 August 2020 the government proposed further changes to the JobKeeper extension. For more information, visit the Treasury website.

ATO Community

Employee refuses to sign JobKeeper Employee Nomination Notice

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Enthusiast

Replies 5

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 4

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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Enthusiast

Replies 3

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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Best answer

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 1

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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Enthusiast

Replies 0

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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Master

Replies 0

@Philipiyour employee obviously donesn't understand the system. They don't realise that you might not be able to pay them wihout the jobkeeper payment and that if they earn more than the $1500 you can choose to pay them more.

I would give them the form if they don't return it they aren't able to access the payment. Thay can't jump in and out.

@wonka5is correct.