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Re: Stood down permanent / long term casual

Newbie

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Hi, I have a question regarding my eligibility for job keeper. I have two employers, one permanent-part time who due to Covid 19 has stood me down and who do not intend to claim job keeper payment and one long term casual who wants to claim job keeper on my behalf. My main source of income comes from the long term casual where I claim the tax free threshold (permanent part time is only 4 hours a week). Anyway, since legislation requires that job keeper payment comes from the permanent employer I would have choose them. But since they are not claiming job keeper payments and I have been stood down, I do not know if that would make me eligible to nominate long term casual employer, since I am not receiving any income from my permanent employer due to being stood down because of covid19. Seems like the only option would be to resign from my permanent job to be able to claim with my casual employer (this would not make any sense since saving jobs is the goal of the program, but seems the only legal option to be eligible under current legislation...)

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ATO Certified Response

Former Community Support

Replies 0

Hi @MC2 

 

Give you have multiple employers, ordinarily, you should be able to choose which employer you receive the JobKeeper payment from.

However, in your situation, with one permanent employer which you were stood down, and one long term casual, you must choose the employer who has employed you permanently.

https://www.ato.gov.au/General/JobKeeper-Payment/Employees/Eligible-employees/#Employeeswithmultiple...

 

Since your permanent employer has stood you down, your employer can still receive the JobKeeper payment on your behalf and pay this to you if you are still 'employed' by them

https://www.ato.gov.au/General/JobKeeper-Payment/Employees/Eligible-employees/#Employeeswhowerestood...

 

If your permanent employer does not want to participate in the JobKeeper payment scheme that is their choice unfortunately. If you feel that you are being unfairly treated, you should contact the Fair Work Commission. Alternatively you should try to sort this out with your permanent employer directly but if you need more information, you can visit this page here

https://www.fwc.gov.au/about-us/coronavirus-covid-19-updates-advice/jobkeeper-disputes

 

I hope that answers your query

 

Ray

 

4 REPLIES 4

Initiate

Replies 2

Hi you said that your permanent part-time job employer has already stood you down. Why would you then need to resign from it?

 

If you have been long-term casual with 2nd employer (needs to be over 12 months) then you are still eligible for jobkeeper if the employer is eligible.

Newbie

Replies 1

That's my question. Maybe I am getting confused with the details here but I understand that if I have been stood down technically I am still employed right? I still have a permanent employer which therefore would render me ineligible to receive job keeper from a casual job... I am not sure if being stood down would be enough to be considered that I am not employed permanently for this matter... I guess it is kind of a gray area I am in.

Initiate

Replies 0

I would have thought "stood down" means employment has been terminated. You would be entitled to the correct amount of notice and payments as detailed in your award being permanent part-time. Need to confirm with employer where you stand. For entitlements after being terminated go to fairwork.gov.au

 

In any case I think you can still receive jobseeker from the casual job if employed over 12 mths, regardless of what being stood down in the permanent pt job actually means.

 

Most helpful response

ATO Certified Response

Former Community Support

Replies 0

Hi @MC2 

 

Give you have multiple employers, ordinarily, you should be able to choose which employer you receive the JobKeeper payment from.

However, in your situation, with one permanent employer which you were stood down, and one long term casual, you must choose the employer who has employed you permanently.

https://www.ato.gov.au/General/JobKeeper-Payment/Employees/Eligible-employees/#Employeeswithmultiple...

 

Since your permanent employer has stood you down, your employer can still receive the JobKeeper payment on your behalf and pay this to you if you are still 'employed' by them

https://www.ato.gov.au/General/JobKeeper-Payment/Employees/Eligible-employees/#Employeeswhowerestood...

 

If your permanent employer does not want to participate in the JobKeeper payment scheme that is their choice unfortunately. If you feel that you are being unfairly treated, you should contact the Fair Work Commission. Alternatively you should try to sort this out with your permanent employer directly but if you need more information, you can visit this page here

https://www.fwc.gov.au/about-us/coronavirus-covid-19-updates-advice/jobkeeper-disputes

 

I hope that answers your query

 

Ray