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JobKeeper Payments and off cycle pays

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Hi all,

 

I have a quick question about the JobKeeper payment and off cycle pays. In short I would like to know if it goes pay the date of payment or the actually hours worked/stood down.

 

A bit of background, the normal work week for a Pay run is from the 28/3 to the 10/4. Any "extras" like annual/sick leave, overtime, nightshift payments come from the Week 23/3 to 5/4. But now the company has changed it so now you get it from the actual week you work half way through that pay period so from this point on it "extras" now line up with the standard pay week. So basically in the first pay run that would include the JobKeeper payment included 3 weeks worth of "extras".

Yet despite all this on the pay slip it clearly defines what week they are from IE 14/3-27/3, 28/3-10/4, 11/4-24/4 etc.

 

I was stood down on the 1/4. Now because of how our pay worked and with my "extras"(1 week annual leave  & nightshift payments) from the week 21/3-27/3 was paid on the 10/4. This payment worked out to around 1500 but on my payslip it showed that I had "stand down" payments of Zero for that period and payments of more than 1500 for other periods.

 

Now my employer put out the following table:

Pay Period
Start Date

Pay Period
End Date

 Pay Date

 

JobKeeper Pay Dates

28/03/20

10/04/20

10/04/20

 

17/04/20

11/04/20

24/04/20

24/04/20

 

30/04/20

 

Now because I earnt more than 1500 during the week prior to the jobkeeper I did not recieve anything for the first week of the JobKeeper on the 17/4 (Despite not working a single minute in April). Now they made a mistake from the 28/3 and they corrected it during the last pay run on 24/4 so they paid me $200.

 

As I said at the start I am wondering if these payments go on the actual dates of payment or on the "working pay". This has a few reprocussions for me. If it goes on the dates then they will end up taking out  $200 of the JobKeeper payment for their mistake, the company will be pocketing the $3000 for the period of April (despite me stood down this month) and I will only essentially be recieving a JobKeeper payment of $1300.

 

I'm sorry this is all a little confusing but it seems to me like my company is minpulating the system and our off cycle pay to bennifit from the payments recieved.

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ATO Community Support

Replies 2

Hi @WhyDaRumGone ,

 

Sorry to hear of the difficult situation you're facing.

 

The requirements of employers for paying your eligible employees should provide you clarification.

 

The JobKeeper Payments are paid based upon the dates. The first JobKeeper fortnight is from 30 March – 12 April and each JobKeeper fortnight follows after that.

 

Employers must pay the minimum $1,500 (before tax) to each eligible employee per fortnight to claim the JobKeeper payment for that fortnight. Employers should also consider their obligations under the Fair Work Act 2009 to pay each eligible employee the minimum $1,500 (before tax) each fortnight. For more information, see JobKeeper changes to the Fair Work Act

 

If your eligible employees earn less than $1,500 (before tax) per fortnight, you must pay them at least $1,500 for each fortnight to claim the JobKeeper payment. This is a ‘top up’ of their salary or wages and will ensure they remain eligible.

You cannot pay your employees less than $1,500 per fortnight and keep the difference. You will not be eligible for the JobKeeper payment if you pay your nominated employee less than $1,500 (before tax) per fortnight.

 

Keeping the system fair

If you have questions about workplace entitlements and obligations in relation to the JobKeeper Payment scheme, the Fair Work Commission has released guidance on how it can assist with JobKeeper Disputes

 

If you are concerned that someone is doing the wrong thing in relation to JobKeeper payment, you can tell us about it. To report illegal or behaviour of concern, see making a tip off.

 

I really hope this information helps and let us know if you have any further questions,

JasonT

3 REPLIES 3

Most helpful response

ATO Community Support

Replies 2

Hi @WhyDaRumGone ,

 

Sorry to hear of the difficult situation you're facing.

 

The requirements of employers for paying your eligible employees should provide you clarification.

 

The JobKeeper Payments are paid based upon the dates. The first JobKeeper fortnight is from 30 March – 12 April and each JobKeeper fortnight follows after that.

 

Employers must pay the minimum $1,500 (before tax) to each eligible employee per fortnight to claim the JobKeeper payment for that fortnight. Employers should also consider their obligations under the Fair Work Act 2009 to pay each eligible employee the minimum $1,500 (before tax) each fortnight. For more information, see JobKeeper changes to the Fair Work Act

 

If your eligible employees earn less than $1,500 (before tax) per fortnight, you must pay them at least $1,500 for each fortnight to claim the JobKeeper payment. This is a ‘top up’ of their salary or wages and will ensure they remain eligible.

You cannot pay your employees less than $1,500 per fortnight and keep the difference. You will not be eligible for the JobKeeper payment if you pay your nominated employee less than $1,500 (before tax) per fortnight.

 

Keeping the system fair

If you have questions about workplace entitlements and obligations in relation to the JobKeeper Payment scheme, the Fair Work Commission has released guidance on how it can assist with JobKeeper Disputes

 

If you are concerned that someone is doing the wrong thing in relation to JobKeeper payment, you can tell us about it. To report illegal or behaviour of concern, see making a tip off.

 

I really hope this information helps and let us know if you have any further questions,

JasonT

Initiate

Replies 1

Hi Jason,

 

While I understand what you are saying this to me seems wrong. One of the bits of information I found said "all payments should be passed on to the employee" but it's quite aparent that in this situation it is not but according to the loop holes left in about payment date they are above board.

 

Considering I didn't work a single minute in April to only receive less than 1300 in Jobkeeper for a whole month is wrong IMO.

 

From an actual work point of view there was work that needed to be carried out (we have the emails) but they were understaffed the entire time so they have decided they will have us work 1 month on 1 month off but they have lined it up exactly half way though the JobKeeper. This way they will end up getting more money from the government and reducing the amound of JobKeeper we receive (I've worked it out and is hardly worth going into work because I will get the same amount of money eitherway)

 

From a personally point of view this is stopping us from getting a 2nd job because we can't ask for standdown. The only way we can do that is asking for leave without pay and in that situation they will get 1500 per fortnite from the government and said we will NOT get ANY pay/JobKeeper if you are on leave without pay.

ATO Community Support

Replies 0

Hi @WhyDaRumGone

 

Sorry for the confusion felt. I am sure we are all getting our heads around this.

 

The direction around JobKeeper applies that as long as employees receive $1500 before tax or $3000 over the month periods designated then  employers are eligible for the reimbursement. So yes it is not based on hours or even exactly when the work was done if at all. So for each fortnight received your pay should reflect a minimum gross of $1500 per pay before tax or over the 4 week period the gross of $3000.  See Paying your eligible employees  You may want to see particularly  How to pay , When to pay and Income type. Any other variation in the work is covered under Fair Work as posted above.

 

Thank you for the query

MarkATO