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LOOPHOLE in the JobKeeper Scheme?

Initiate

Views 1374

Replies 3

IS IT TRUE that I have to work the equivalent hours for my employer to get the $750/wk, even though my company is now over-staffed to maintain normal operation? I feel I am treated UNFAIRLY and the scheme has a LOOPHOLE. I know other staff in my company who claim through JobKeeper are working less than 60% of my hours. But their hourly rate is only 10% higher than mine.

      I am a casual for >12mth at a childcare centre. Eligible for the Scheme. I was verbally stood down in mid-March, being told that no more hours for me in the coming months amid COVID19 pandemic. I am not an ‘essential’ staff, because they needed only 3 staff to maintain the child/educator ratio due to low enrolment/attendance.

      After announcement of the JobKeeper Scheme, I was called back to work last week. Still the same number of children attending each day but 2 extra staff both ‘paid’ by JobKeeper.I am more than happy to contribute to the community, and we should ethically work to get paid. I am just talking about the details about this legislation here. Can you please tell me where I can find the exact correct information?

      I know that people would get the $1500 per fortnight without having to work for it, simply because they work for a business that is deemed ‘non-essential’ and forced to close.

 

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Devotee

Replies 2

Can definitely see where your frustrations are coming from and I can't find any clear cut rules around employer/employee obligations. The only guidelines I can find are on Fair work:

https://coronavirus.fairwork.gov.au/coronavirus-and-australian-workplace-laws/flexibility-in-workpla...

 

So according to that information, if claiming Jobkeeper, your employer can:

  • make temporary and partial stand downs in certain circumstances
  • temporarily alter employees’ usual duties and locations of work in certain circumstances
  • agree with employee to alter days and times of work and use annual leave in certain circumstances.

 

It also says that employers need to make sure the duties are safe considering the nature and spread of coronavirus.

 

Maybe contact Fair work if you have concerns?

3 REPLIES 3

Most helpful response

Devotee

Replies 2

Can definitely see where your frustrations are coming from and I can't find any clear cut rules around employer/employee obligations. The only guidelines I can find are on Fair work:

https://coronavirus.fairwork.gov.au/coronavirus-and-australian-workplace-laws/flexibility-in-workpla...

 

So according to that information, if claiming Jobkeeper, your employer can:

  • make temporary and partial stand downs in certain circumstances
  • temporarily alter employees’ usual duties and locations of work in certain circumstances
  • agree with employee to alter days and times of work and use annual leave in certain circumstances.

 

It also says that employers need to make sure the duties are safe considering the nature and spread of coronavirus.

 

Maybe contact Fair work if you have concerns?

Initiate

Replies 0

Thanks very much etchasketch for your prompt reply. Very much appreciated!

Initiate

Replies 0

Thanks again @etchasketch , apparently there was a post in the Featured Section with some very relevant information, stampped CERTIFIED by ATO:https://community.ato.gov.au/t5/COVID-19-response/Job-Keeper-payment-amp-staff-hours/m-p/43476, where it says

      "There is no requirement for employees to do a certain number of hours to receive the JobKeeper payment from you. You would need to check with Fair Work about getting employees to do work outside their duties and what you rights as an employer are if they refuse.", posted by 

      After reading posts in this community this week, we've seen more and more cases with  concerns similar to that raised in my original post that some employers are GAMING the system. This is simply because emploers have the power to not lodge a Jobkeeper nomination if the eligible employees do not work for the number of hours they are asked to (even though the $1500 per fortnight should be used to help secure the employer-employee relationship).  -----------------Something should be done here by the Government...