Announcements
Are you a tax professional needing a bit more time to lodge? Check out how to apply online for a deferral, or ask the Community!

ATO Community

Seasonal Staff and Job Keeper

Newbie

Views 3907

Replies 7

Hi. I employee seaosnal staff every winter, I employee them for about 3-4 months from June-Oct. Some of my guys have worked for me for mulitable seasons. The last payslip they recived would have been in Oct 2019.

Would they be eliagble to get Job Keeper.

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Community Moderator

Replies 5

Hi @ABsnow,

 

The legislation states that casual employees are;

 

A casual employee is likely to be employed on a regular and systematic basis where the employee has a recurring work schedule or a reasonable expectation of ongoing work.”.

 

So if this is the normal yearly roster that these people work under then it would appear that they are eligible.

 

KylieS

 

7 REPLIES 7

Most helpful response

Community Moderator

Replies 5

Hi @ABsnow,

 

The legislation states that casual employees are;

 

A casual employee is likely to be employed on a regular and systematic basis where the employee has a recurring work schedule or a reasonable expectation of ongoing work.”.

 

So if this is the normal yearly roster that these people work under then it would appear that they are eligible.

 

KylieS

 

Initiate

Replies 0


@KylieATO wrote:

Hi @ABsnow,

 

The legislation states that casual employees are;

 

A casual employee is likely to be employed on a regular and systematic basis where the employee has a recurring work schedule or a reasonable expectation of ongoing work.”.

 

So if this is the normal yearly roster that these people work under then it would appear that they are eligible.

 

KylieS

 


Hi KylieS

I have been trying to get an answer on this same issue from the ATO community but without a definitive response.  We also employ seasonal casuals who return each year on a similar roster or pattern of work.  Our staff are desperate for an answer to this question.

Could you please review my post her and respond to me regarding this.

Thank you for clarifying this issue in a manner I have been unable to get so far.

Kind regards

Deb

https://community.ato.gov.au/t5/COVID-19-response/Definition-of-a-Casual-employed-on-a-Regular-and-S...

 

I'm new

Replies 3

Kylie, does this include if they are terminated at the end of each season? Or does this "rule" only apply for casuals that remain on the books and have not been terminated? Thanks

Community Moderator

Replies 2

Hi @DebW and @jb1133

 

Thanks for reaching out and thanks for your patience.

 

We understand that this is a question that is causing a lot of confusion and to be honest, it isn't the type of question that we are used to answering as it is really a Fair Work question. The information on our website about who is considered a long-term casual employee is more than enough for the vast majority of situations but we appreciate that there will be some that don't quite fit.

 

It is important to note that a casual employee is likely to be employed on a regular and systematic basis with a recurring work schedule or a reasonable expectation of ongoing work. What that means is that they don't necessarily need to be doing lots of hours to be eligible. Where there is a pattern of work with hours offered and accepted regularly, that would indicate that they're eligible.

 

Of course, the casual employee would still need to meet the first eligible employee requirement (are employed by you) as outlined on our website. They would also need to be an employee on 1 March as per the second requirement. If they weren't an employee on 1 March due to their employment being terminated prior, or they were an employee on 1 March but have been terminated since (and not re-hired), they're not eligible.

 

Good luck with it all.

 

Thanks, ChrisR

Initiate

Replies 0

When can these winter businesses start claiming JobKeeper - if they don't have the downturn until June - which falls in the June quarter, are they eligible to claim from Fortnight 1? Or do they have to wait until June? 

Newbie

Replies 0

I am wondering if anyone can clarify what constitutes ‘employed on 1 March’. We have a seasonal worker who has worked for us every year for a number of years - May to October - and arrangements had been put in place for them to return this year. We had paid out their leave for the previous season in late 2019 (as in previous years). We confirmed conditions for the next period of work (such as pay rise) during January/February, but the formal ‘contract’ confirming arrangements had the last signature on it at the beginning of March. This workers commenced preparatory work for their sessional stint later in the year (during January and February) including checking stock, condition of premises and advice on what needed to be done to prepare for their next lot of seasonal work. I would need to check whether we submit a new Tax With-holding declaration each year or if these carry over. Any advice as to whether seasonal employees in this position could be considered for job keeper (ie could they be considered ‘employed’ on 1 March or are they excluded due to the final signatures being placed on the contract a few days later). Are there any other factors we should consider?

ATO Community Support

Replies 0

Hi @Sarah20

 

Sorry for the delayed response.

 

If you still needed information we have created JobKeeper guides that outlines the process.

 

When you enrol and you select June as the month you are likely to experience the decline in turnover you will find you won't be able to claim the subsidy for JobKeeper fortnights before that.

 

 

Hope this helps.

 

Ari