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Re: Can an employer “contract out” their obligation to pay you super?

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Hi,

 

Can an employer “contract out” their obligation to pay you super?

 

I’m pretty sure the answer to this is “no” but I can’t find anywhere on the ATO webiste that spells this out.

 

Does anyone know where I can find this information on the ATO website?

 

Thanks

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Employers have to pay SG if they do not meet minimum super contributions on time.

 

There are exemptions for minors and earnings under $450 per month.

 

Law and interprettion should be read for what you must do, or what you can do.

If a law is silent on contracting out of an obligation, that means you cannot do it.

 

They do not have to provide a list af all the things that you cannot do, because that list would be infinitely long.

 

https://www.ato.gov.au/business/super-for-employers/paying-super-contributions/missed-and-late-payme...

 

 

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Highlighted

Best answer

ATO Certified

Devotee Registered Tax Practitioner

Replies 0

Employers have to pay SG if they do not meet minimum super contributions on time.

 

There are exemptions for minors and earnings under $450 per month.

 

Law and interprettion should be read for what you must do, or what you can do.

If a law is silent on contracting out of an obligation, that means you cannot do it.

 

They do not have to provide a list af all the things that you cannot do, because that list would be infinitely long.

 

https://www.ato.gov.au/business/super-for-employers/paying-super-contributions/missed-and-late-payme...

 

 

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