Tramps_mate

They are saying because you will be there temporarily then the Super payments are irrelevant to you and they basically want their money back..

Very suspect indeed. Try Alan Collett or the Fairwork Australia..

Bermudashorts

I make it that they are trying to override employment law. As no lawyer has pooped up yet on here I would suggest ypu either go and see one or Fairwork Australia.

Bermudashorts

That would be "posted" not pooped. It happens when you try to post from mobile in a moving taxi!

rld1177

When did you put in notice? We have a number of people at my bank putting notice, or considering notice, based on the LAFHA changes - better options in other parts of Asia. I understand from a few people here that the firm does not intend to try to enforce clawback clauses etc because one could argue they retroactively changed terms on you. You might note to your employer (if you get LAFHA also) that you are also leaving for that reason, and that given you a) know that what they are doing will not legally hold up and b) are losing real take home via the LAHFA changes your contract terms were changed and thus no longer can be enforced. In the UK this would only be legal if it was for all staff - for example at my old firm they could take back pension contributions made I think in the first year of employment if you left, but that was a clawback in place for ALL staff / new hires. I think the intent of the Super is to make everyone save for retirement - and often it is listed as 'part of your package' so they are essentially trying to pull back salary here.

D J Smith

Now even more worried,
I have now been told that Previously, if you were leaving Australia there was an opportunity to withdraw your super on exiting. That benefit was closed a few years ago.????
So if I cant even claim it on departure,, and the company wants it back? that leaves me in a midden

Bermudashorts

No it wasn't closed, you were on a temporary visa so you can withdraw your super. In any case, if you couldn't why would it leave you in a fix, you would just tell them you can't get it. Seriously grow some and tell them to bugger off.

Have you been to fairwork australia yet?

D J Smith

Unfortunately, Fair Work Australia does not provide information on entitlements like superannuation.

was told to talk to JobWatch?

anyway have been talking to a Accountant,

I'm not as stupid to tell them to go F#$% themselves, as I have worked for them all over the world for 8 years and plan to for the next few too.

lapin_windstar

OP, you need some reliable advice from someone with genuine experience in labour law and/or super law. If it's worth 10% of two years' income, it might just be worth spending the money on paying an experienced labour lawyer, no? Have you been a member of a union? Have you spoken to a Community Legal Centre? What state are you in?

The ATO information on DASP is here: http://www.ato.gov.au/superfunds/con...t/00276719.htm

To my inexperienced mind, it sounds very fishy...

Pollyana

Must admit in 10 years on here I haven't heard anyone else asking about having to pay their super back. Many temp residents who intend to return to Aus even leave their super funds running to add to later; other still have the ability to claim it back on departure - that has not changed.
All sounds very suspect and I'd be finding someone with super and tax law skills fast.

bingobob777

Note that you pay 35% tax on the super pot when you withdraw it.

I believe the money is yours, however if you want to continue working for them you'll be arguing over 6.5% of your annual salary.

D J Smith

I'm still working in Australia but due to finish soon, it is even more of a mess now. My number one question is - Do Employers by law have to pay Super to an employee while employee is working on a 457??

Amazulu

Yes. A portion of your salary can be super though but that will be stated in your contract.

Alan Collett

http://www.ozmigr8.com/Super_How_Can_We_Help.php

Might be of help.

Best regards.

D J Smith

OK but is it legal for them not to pay super and state any super paid will be paid back to them when I leave?

Amazulu

I would say not but I'm no legal/HR expert