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Departing Australia Superannuation Payment (DASP).

Departing Australia Superannuation Payment (DASP).

Old Apr 15th 2013, 1:35 am
  #31  
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Default Re: Departing Australia Superannuation Payment (DASP).

Originally Posted by 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?
Your employer is required to pay superannuation contributions to your super fund by the 28th day following the end of each quarter.

As to requiring that you pay back the super: I believe this isn't lawful, and in any event you can only recover the balance on your super fund once you have physically departed Australia => difficult to enforce too.

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Old Apr 15th 2013, 1:50 am
  #32  
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Default Re: Departing Australia Superannuation Payment (DASP).

I have been working in australia for roughly 3 years, for nearly all of that time I was on a contract that was paid from another country. I just signed a Australia contract last month and started a Super fund, when I leave next month I will claim my Super and the ATO will see that I have been in Australia paying tax for 3 years but only paid 3 months super! If its the Law that a company must pay super will the ATO bring it up with my company?
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Old Apr 15th 2013, 2:29 am
  #33  
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Default Re: Departing Australia Superannuation Payment (DASP).

I'd be more concerned about the business sponsor obligations if I was the employer - unless you are working in one of a limited number of occupations you should have been paid under Australian PAYG, ie in Australia not from another country, for the duration of the time you were working in Australia as the holder of a 457 visa.

The superannuation obligations flow from the operation of an Australian payroll.

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Old Apr 15th 2013, 2:44 am
  #34  
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Default Re: Departing Australia Superannuation Payment (DASP).

Alan
Thanks for your reply, now where could I find out the limited number of occupations list?
Do you have any employer law type people you could recommend?

Best regards
D J Smith
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