Unpaid SGL
I have found attempting to assist a 22 year client be paid their SGL entitlement for two years work that often involved 50 hour weeks , 6 days a week has been futile. I have a chain of emails of 4 pages long to and from various ATO divisions, the appropriate Ombudsman and our local politician. Despite providing names of the directors and the company name, phone numbers of current business and the directors parents private addresses to the above named authorities over a 3 year period I have reluctantly given up. The excuse was there was no ABN or ACN provided which was the result of the employer never issuing a payment summary nor pay slips. The system has basically told me it does not care and employers area able to disregard their obligations. Our society and honest employees deserve better. I am prepared to share the chain of emails if this may assist an overhaul of the system.
Hi Brian
Thanks for posting your concerns in relation to unpaid Superannuation Guarantee.
The Board understands that the ATO takes the non-payment of superannuation guarantee by employers seriously. The Board understands that the standard practice is for the ATO to investigate all reports of non-compliance whilst providing updates to individuals on the status of an investigation. Where an employer is liable to pay super guarantee and has not paid by the due date, the ATO will work with employers to ensure the debt is addressed, or where the employer doesn’t engage the ATO will take stronger action.
The steps taken to investigate each report of unpaid super are outlined on the ATO website at: https://www.ato.gov.au/Individuals/Super/In-detail/Growing/Unpaid-super/?page=3#Our_process_when_investigating_your_enquiry.
While the ATO investigates all reports of unpaid super, the Board understands there are certain circumstances when an investigation will be closed such as where the individual is not eligible for super as the employer was not required to provide SG contributions, or where the ATO is unable to confirm a relationship between the individual and the employer. When an investigation is closed, the ATO will provide a letter explaining why.
The Board suggests that if you have questions about a specific investigation or why it may have been closed, to contact the ATO on 13 10 20.