If somebody else is employing you, then in the majority of circumstances, that employer should be paying into your superannuation. Your employer will most likely know their obligations, especially as not paying super can result in penalties that could affect their career position.
But if you have any reason to think that your employer is either not paying adequate superannuation, or isn’t paying super at all, you need to check things out sooner rather than later.
How To Check That You’re Receiving Super Contributions
First off, make sure you’re entitled to receive super from employers in Australia. You need to be over the age of 18, to start. You also need to receive at least $450 a month before tax from your employer per month.
Whether or not you’re casual, full-time or in part-time employment is irrelevant when it comes to having money paid into your super. The same goes for your residency – even if you’re only a temporary citizen, you’re still entitled to super contributions from employers on top of your wages.
If you’re a contractor, you may be covered, too. The superannuation law states that contractors who are paid wholly or mostly for their work are technically seen as “employees”, which entitles them to the same super payments the employer’s actual employees.
Once you’re certain that you can receive superannuation, you can check to see that you’re receiving financial contributions on a regular basis. Take a look at your most recent member statement from your super fund, or contact your superannuation to ask whether you’ve received super contributions for a specific period.
What To Do If Your Employer Is Not Paying Enough Into Your Super
If you’ve discovered that you have unpaid super, there are several ways that you can look to resolve the situation:
First off, speak to your employer. Employers are only human, and it’s possible that yours may have simply missed a due payment on a certain date by mistake. Another thing to consider is which fund your employer is paying your employee super into, as you may have the wrong information to hand.
Rather than accusing your employer straight up, make your enquiry in a calm, approachable manner. Make sure you take note of any correspondence you had about your unpaid super in case you need to take any further steps to resolve the situation.
If you haven’t been able to reach an understanding with your employer, you may now want to report your unpaid financial contributions and file a complaint with the Australian Taxation Office (ATO). The ATO can issue an order that says your employer must make amends for any super non-payment to you, the employee. The ATO’s documents may provide important legal evidence if your case is taken to court.
Finally, if you have any reason to feel worried about your employer’s current super contributions, contact our specialist superannuation advisers. We can guide you through the steps mentioned above if you’re nervous to discuss an unusual finding from your super fund with your employer. If your employer cannot or will not pay, we’ll help you to gather the necessary evidence for reporting and lodging a complaint with the ATO to claim back what is rightfully yours.