That is very naughty of them indeed, it should be reported and I would be keeping an eye out for any new jobs around, as I would be concerned about the companies stability if they aren't paying peoples Super.
It happened to me when I was working at a place, I was spewing when I found out, but I didn't chase it up, very silly of me
We get sent paperwork every 3 months to make sure we do it. One time, it was accidentally overlooked, but we paid it right on the due date. We got the most horrible letter, threatening legal action if we didn't pay up immediately, even though it was actually paid on time!
I would contact your super fund, and get the other guy to do the same, coz it can't just be a case of them not paying, it's picked up every 3 months.
ETA - Thinking about it, they would also get a PAYG Tax Withheld form every 3 months, which has to show how much they've paid in super contributions. So, either they've put $0, in which case the tax dept will be on to them, or they've been fudging the numbers, which the tax dept will also be very interested to hear about.
They're going to get fined. The super companies will likely have communicated with them asking what's going on on your behalf. When (if) they do eventually pay they will most likely be charged a fine for late payment. (Probably a fine for each late payment.)
I would be phoning them myself. There's no way to creatively answer the question - they haven't paid it and that's illegal. It's up to you as to whether you just let it go or whether you fight them on it - only you know your circumstances. But I would definitely be talking to them to let them know you are aware of what they're doing and that it's their bad.
I worked for a small business for 2 years and never got paid super, the person who was my employer was a friend of the family so I wasnt too worried about it, BUT one of the girls who I worked with cracked a big stink and got all the other girls to complain with her to the ATO and someone else?? The employer then lost her house, her business and is still now paying out a huge debt from the fines and court fees and the loan to pay us all our super, so its definately something that is highly illegal and will catch up with them!
I go on maternity leave in 7 weeks Beema so im just holding out until then.
I have emailed the boss & accounts so will see what they have to say. The receptionist says the forms have been coming in from our super companies. Doubt they have been going back out.
If no one responds to my email do i contact my super company so they can call my employer? I know how much is owing as it says on the bottom of our pay slips "an amount of $xxx has been contributed to you chosen super fund on your behalf" each week and my online statements show i havent been paid squat since Aug09
Do they have to pay interest on amounts owing?
I dont think ive heard my super company phone in, unless they are communicating via letters?
The company i work for has a lot of assets which is where most of their money is tied up (im assuming) so until those assets can sell they are going through a rough patch. A lot of people are owed a lot of money.
Contact the government - there's heaps of information on the ATO website : Unpaid super
Good luck. My employer wrote on my paycheck each month that he was paying super but didn't, I didn't chase it up, they went into liquidation and I wasn't paid super for about 4 years full-time work. I miss that super
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