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Regular and systematic casual query

Newbie

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Replies 2

Hi,

We have a small company that qualifies for Jobkeeper and in addition to our permanent staff we have  casual staff that have been working for our company for more than 12 months.  The casual staff work when we have a need to assist us depending on our workload. The system in place is that when we have a need (which is repeated typically when we take on new large customers), we notify them through an app (or previously email) that these hours are available and they then accept the hours.  They are generally available whenever we ask and they almost always accept when asked.  This means that some staff might only work for a day or two every few months and others a lot more but for some could be as low as 6 times in a given year although it could be a lot more going forward.  This is an ongoing relationship and they expect ongoing work when it is available and whenever asked to work they do so.  They are all Australian citizens over 18 and been with the company greater than 1 year.  The question is do they all qualify for Jobkeeper or do they have to have performed at least a minimum amount of days or hours a year/month/week?   We want to ensure everyone that is eligible is enrolled but are unsure if all the above casuals are eligible or if only those that work greater than a certain number of days are eligible.

Many thanks

 

 

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Former Community Support

Replies 1

Hi @SeekingClarity 

 

Thanks for contacting ATO Community.

 

Both an employer and employee have to meet all the eligibility requirements for the JobKeeper payment.

 

The information in this link: who is considered a long-term casual employee can help you determine eligibility.

 

Your employees are eligible if they meet all the requirements and if they are a long-term casual employee and have been with your employer on a regular and systematic basis for at least 12 months as at 1 March 2020.

 

If they are a long-term casual and have other permanent employment, they can only claim JobKeeper through their permanent employer. If their permanent employer isn’t eligible, they may not be able to claim JobKeeper at all.

 

You can also check out eligibility for employees for the JobKeeper payment or see more information about JobKeeper changes to the Fair Work Act.

 

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

 

MariR

2 REPLIES 2

Most helpful response

Former Community Support

Replies 1

Hi @SeekingClarity 

 

Thanks for contacting ATO Community.

 

Both an employer and employee have to meet all the eligibility requirements for the JobKeeper payment.

 

The information in this link: who is considered a long-term casual employee can help you determine eligibility.

 

Your employees are eligible if they meet all the requirements and if they are a long-term casual employee and have been with your employer on a regular and systematic basis for at least 12 months as at 1 March 2020.

 

If they are a long-term casual and have other permanent employment, they can only claim JobKeeper through their permanent employer. If their permanent employer isn’t eligible, they may not be able to claim JobKeeper at all.

 

You can also check out eligibility for employees for the JobKeeper payment or see more information about JobKeeper changes to the Fair Work Act.

 

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

 

MariR

Newbie

Replies 0

Hi @MariR 

Thanks for you response.  I have read all the info at the links you provided however they don't unfortunately clarify for me if eg someone who has been with the company for over 12 months, is an Australian citizen over 8 years but has only worked eg 6 times over the last year qualifies or not. 

 

If he worked eg a day in April 2019, 2 days in July 2019 ,  a day in August 2019 and again a day in Jan 2020 (because that is when we put on large customers and we needed his service) and he always worked the hours we asked, does that  constitute a "Regular and Systematic Basis"? 

 

I have asked 2 specialist Tax accountants and based on the information the ATO has provided in the links you provided, they have also come to different views - 1 says he qualifies and the other says he doesn't?

 

Please can you advise whether someone in the above situation qualifies for Regular and Systematic basis?

Thanks