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Sean, Experienced lawyer
Category: Australia Law
Satisfied Customers: 855
Experience:  Law degree with 1st class honours from Australian National University.
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I have been employed as a contractor and have been contracting

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I have been employed as a contractor and have been contracting my hours only to this one employer for 11years.I have completed the ATO questionnaire as to whether I am an employee. the answere is yes. however my employer has never paid superannuation or any other entitlemants. I do have an ABN number and would submit an invoice 2 weekly for pay. I was never given a pay slip or any information.The pay was banked into my account. my question is should this employer be paying superannuation or LSL.

I am dying of cancer and unable to work

Hello and thank you for your question. My name isXXXXX would be happy to help you with this.

If the ATO questionnaire revealed that you are an employee then your employer should have been making super contributions on your behalf all of that time. There are other factors other than how you are paid that determine whether you are an employee and if the ATO survey takes these into account.

The ATO enforces employer super obligations. If you contact the ATO and let them know about your situation they will investigate it for you and make your employer pay if they believe you are entitled to it.

As an employee you are also entitled to long service leave. This is something you can write to your employer to seek payment of. If they don't pay you you can ask the Fair Work Ombudsman for help, and failing that the next step would be to bring a claim in court.

Please let me know if you need any more information.

Customer: replied 4 years ago.

I have attempted to contact the ATO but cannot get through .I am not sure what section to request if I get through.

The employer states he employed as a contractor.could the tax dept clarify this.?would they have the information.

should I write to ATO.

We seem to be going around in circles.


The ATO has a tool where you can calculated the amount of super that is owed to you and then lodge an inquiry with them:

Is this how you did it?

The other option is to phone them on 13 10 20.

And yes, once the tax office has confirmed you as an employee it will be much easier to claim your other entitlements from your employer. So that might be the best point of call for you.

Sean and 2 other Australia Law Specialists are ready to help you