The company i work for is going through a rough patch, has been since last year. A guy a work for mentioned he is owed close to $5k in super and is annoyed as it could be accumulating interest. So i decided to check my super account online and im owed close to $3k in super. They havent made any contributions since last year...i've emailed my boss and the accounts lady to ask whats going on but TBH i dont expect a truthful answer, if they even acknowledge my email at all.
What are the laws re Super? How can they go on for 9-10 months without contributing to my (or anyones) Super...What would have happened if i didnt check my account, went on maternity leave, didnt return to work and moved on. Would they have gotten away with not paying my Super? Does it have to be paid by the time they do their BAS at the end of the financial year?
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!
Employer Not Making Super Contributions...?
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