Employer Not Making Super Contributions...?

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?

Edit: I work full time too.

Im pretty sure if you are a permanent employee they have to pay your Super - ring up the ATO or ASIC and get some advice from them.

Ohhhhh, that's very very naughty. They would be in big trouble if they were found out.

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 :redface:

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 obliged by law to pay you 9% of your salary as super. If they can't afford to do this then they shouldn't be operating.

Don't let it go because if you don't apply the pressure now you'll never get your money back.

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 :doh:

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. :wall:

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 :(

That government link is a good one. Employers are supposed to pay super every 3 months and I think they have 1 or 2 months before they get charged a fee from the ATO and have to pay interest on it as well. I would be getting onto it asap because it might take a while to sort out. Good luck :)

My employer did the same thing, but not for quite the period you are talking. My December quarter payment wasn' t made until March.

Super companies prefer super to be paid monthly, but companies can apply to pay quarterly, which the majority do. Whe I spoke with my super they wanted me to do the running about but cautioned me to seriously think before contacting the ATO (which is who you need to contact if your employers doesn't respond with a satisfactory answer) as it would lead to lots of problems for the company and I was just missing one quarter.

The worse part is not only are you not getting your contributions for investment/profit, but your fees (even if they are very low) are still coming out and if you have insurance through them those payments are still coming out also decreasing your balance being invested.

I thankfully got a satisfactory result by e-mailing the General Manager. I hope you do also.

Hansie

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My girlfriend worked for a Super debt collection agency in Melbourne for a while - would you like me to get their contact details? If they don't do QLD, I'm sure they'd know a company that do.

That link is great thanks Kazbah!

Im just going to leave it at my email at the moment, if i dont hear anything by early next week ill confront them face to face so they cant avoid my questions.

Thanks everyone for your advice!! Id be lost without BB!

This is the same as my DP the new boss took over about ?3 years ago and has never paid super. But he is too chicken to say something.

Ahurani - you should do something, it's your future after DP finishes work you're missing out on! Do you really want to be on benefits because you or your DP didn't get what you are paid for? It's stealing from YOU!

I have tried to drum it into his head! I said to him think of all the interest your losing because he is being a loser :(

When I'm questioning something, I generally play dumb so as to not get their back up ;) So, I might ring up and say, 'I've just been looking at DH's super/paycheques, and I can't see any contributions for this period - I know I'm probably looking in the wrong place, can you show me where they appear?' Then you can continue like that, just quietly asking for an explanation...

3 years is not good enough Ahurani, I seriously would be ringing up myself if it was DH that was having a problem :hug: