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working for same company for over 8 years as a contractor and company has not paid super

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working for same company for over 8 years as a contractor yet no super has been paid, am i entitled to be back paid for super not paid from the start of the contract. no agreement has been made.

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ATO Certified

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Hello,

 

Just to piggyback on the previous answer, I think you should complete the "Employee vs Contractor" tool. Although it is from the perspective of the employer, it will provide you clarity on how they should be treating you.

 

If you are more of an employee and you are entitled to super, I would recommend making lodging an enquiry with the ATO and allow the agency to investigate the issue. 

 

Tool - https://www.ato.gov.au/calculators-and-tools/employee-or-contractor/ (also has a built-in super eligibility tool as well)

 

Regards

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Champion

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Hi @Judithbayliss 

 

In what capacity are you working as a contractor?

Are you working for numerous other businesses at the same time?

Do you invoice and operate your own "self-employed" business, where you manage your own business finances and have your own insurance?

 

If you've already determined that you were working in a capacity more like an employee - just under your own ABN - then you'll be entitled to Super from the start of the employment/contract - so long as you earned above $450 in each month.

Best answer

ATO Certified

Enthusiast

Replies 0

Hello,

 

Just to piggyback on the previous answer, I think you should complete the "Employee vs Contractor" tool. Although it is from the perspective of the employer, it will provide you clarity on how they should be treating you.

 

If you are more of an employee and you are entitled to super, I would recommend making lodging an enquiry with the ATO and allow the agency to investigate the issue. 

 

Tool - https://www.ato.gov.au/calculators-and-tools/employee-or-contractor/ (also has a built-in super eligibility tool as well)

 

Regards

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