What to Do If Your Employer Is Not Paying Your Superannuation
In Australia, employers must contribute to their employees' superannuation funds, but many workers face issues with employers failing to meet this obligation. If your employer is not paying your superannuation, it can cause stress and uncertainty about your financial future. Understanding your rights and the steps you can take to address the issue is vital.
In this article, you will learn the essential steps you can take if your employer is not paying your superannuation, and when to seek assistance from superannuation lawyers in Brisbane or other legal professionals.
The Legal Obligation of Employers to Pay Superannuation
Employers are legally obligated to pay superannuation to their employees. The Superannuation Guarantee (SG) sets the minimum percentage of your earnings that must be contributed to your super fund. As of 2025, this contribution rate is 11%, but it’s essential to keep up to date with any changes. Employers must make these payments at least quarterly.
Some common issues that employees face regarding unpaid superannuation include:
Employers fail to make the required contributions.
Employers making contributions below the legal rate.
Employers not paying contributions at all.
Employees are not being informed about the super contributions made on their behalf.
If your employer is not paying your superannuation, there are several steps you can take to ensure you are getting the super you are entitled to.
Understand Your Superannuation Entitlements
The Superannuation Guarantee (SG) mandates that employers pay at least 11% of their ordinary time earnings (OTE) into your super fund. Certain employees may be exempt from the SG, such as contractors or individuals under 18 who work less than 30 hours per week.
To confirm your entitlements, review your employment contract or any relevant award conditions. These documents should specify whether your employer meets their superannuation obligations and what contributions are expected. If in doubt, consult a Superannuation TPD lawyer to clarify your rights.
Check Your Superannuation Account
Before taking further steps, verify whether your employer has made the required super contributions. Here’s how you can check:
Log in to your super fund account: Most superannuation funds have online portals to access your account and review recent contributions.
Review your most recent statement or transaction history: Your super fund should provide statements that detail the contributions made on your behalf. Look for any discrepancies or missing payments.
By regularly monitoring your superannuation account, you can spot any issues early and address them before they become a bigger problem.
Speak to Your Employer
If your employer has not been making the correct super contributions, the next step is to speak with them. Approach the conversation professionally and seek clarification.
How to approach your employer: Be polite and clear about your concerns. Ask them to review the payments they’ve made to your super fund and provide evidence that the contributions are being paid correctly.
Document the conversation: It’s important to record any discussions you have with your employer about unpaid super. Follow up any verbal conversations with an email or written letter, summarising the key points discussed.
A clear record of your interactions with your employer is crucial if you need to escalate the issue later.
Contact the Australian Taxation Office (ATO)
If your employer fails to resolve the issue, you can contact the Australian Taxation Office (ATO). The ATO is responsible for enforcing superannuation compliance and can investigate your employer’s failure to pay superannuation.
You can lodge an inquiry or complaint with the ATO about unpaid super. The ATO can investigate and take action against non-compliant employers, including imposing penalties. The ATO also has an online tool to help employees report unpaid super, making it easy to escalate the matter.
Seek Legal Advice
If your employer refuses to pay or disputes your superannuation entitlements, it may be time to seek legal advice. TPD insurance lawyers can help you navigate the complexities of superannuation claims and recover unpaid superannuation.
Benefits of legal support: Legal professionals can assist in recovering unpaid super and any associated penalties. They can also provide guidance on whether you have a valid case for other claims, such as workers' compensation or TPD (Total and Permanent Disability) insurance claims.
Understand Your Rights as an Employee
In Australia, employees are protected by various laws that safeguard their rights, including their right to receive superannuation payments. Importantly, your employer cannot retaliate against you for raising concerns about unpaid super. You are legally protected from discrimination and retaliation under the Fair Work Act.
There are several resources available to help you understand your rights better:
Fair Work Ombudsman: Guides on superannuation and workplace entitlements.
Legal Aid: This can help you understand your rights and access legal support if necessary.
Conclusion
If your employer is not paying your superannuation, understand your rights and take the appropriate steps to rectify the situation. Start by reviewing your super account, speaking with your employer, and contacting the ATO if necessary. If the issue remains unresolved, seek legal advice from superannuation lawyers in Brisbane to help recover your unpaid super and ensure your financial future is protected. By taking proactive steps, you can secure the superannuation payments you deserve and avoid potential financial hardship in retirement.
