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Re: Can my employer ask to pay my own super ?

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Hi, 

 

 I worked as an contractor(ABN) but I used the ATO tool to determine me as an employee for super purposes. I worked for the emplyer for 2.5 years. After about 1 year of service he asked me to pay super from my own salary. Which I couldn't do due to my low income. Then he forced me to send him an email saying "I dont need superannuation". During the last 6 months he forced me to pay super from own salary or would deduct that amount from my salary. Then I agreed to pay that amount from my own salary and he would ask a photo proof for my super payments.

 

Can he do that ? upto this date I haven't received any super payments.

 

Thank you

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Devotee

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Hi Djay87

 

If you meet the definition of employee for superannuation guarantee (SG) purposes your employer must make SG contributions for you.

 

Your employer can't decide to change the conditions of your employment contract if they were under the impression that they wouldn't have to pay SG for you. To, for example, reduce your wage so that the total remuneration stays the same once the SG contribution is included. The employer must pay 9.5% of your ordinary time earnings to super to meet the SG obligation and not become liable for the SG charge.

 

You can't opt out of receiving SG contributions. You can't take on the responsibility of making the SG contribution to the super account.

 

There's information on this ato.gov.au page about SG eligibility, including a link to the 'am I entitled to super' tool that you used. If you click on the link to that tool there's a further link to a tool that lets you report unpaid employer contributions to the ATO.

 

Seb

 

I'm an ATO employee voluntarily providing my time here

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Best answer

Devotee

Replies 1

Hi Djay87

 

If you meet the definition of employee for superannuation guarantee (SG) purposes your employer must make SG contributions for you.

 

Your employer can't decide to change the conditions of your employment contract if they were under the impression that they wouldn't have to pay SG for you. To, for example, reduce your wage so that the total remuneration stays the same once the SG contribution is included. The employer must pay 9.5% of your ordinary time earnings to super to meet the SG obligation and not become liable for the SG charge.

 

You can't opt out of receiving SG contributions. You can't take on the responsibility of making the SG contribution to the super account.

 

There's information on this ato.gov.au page about SG eligibility, including a link to the 'am I entitled to super' tool that you used. If you click on the link to that tool there's a further link to a tool that lets you report unpaid employer contributions to the ATO.

 

Seb

 

I'm an ATO employee voluntarily providing my time here

Initiate

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Thanks for the info Seb

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