Wage Theft

Wage Theft Queensland

Wage Theft Queensland; In August 2020, the Queensland parliament made a new law. Now, not paying workers what they’re owed can be a serious crime. If someone does this, they could go to jail for up to 10 years under the Criminal Code.

This happens by classifying wage theft as theft under the Code. Then stating that it is deemed taken when money is not paid when it is due.

What is Wage theft?

Wage theft can take many forms. Employers commit wage theft by purposefully paying less than salaries, holding back benefits like leave and penalty rates. Also, by neglecting to make required superannuation contributions for employees.

What Are Your Rights?

Queensland state and federal laws safeguard your rights and benefits as an employee. These laws defend your basic rights, which include the following:

Minimum hourly rates of payment
Federal Labour Standards
Superannuation

When a new employee starts working, their employers are obligated to provide them with a copy of the Fair Work Information Statement (the Statement). It contains the information about the terms of employment.

Wage Theft Queensland as a Crime

In Queensland’s Criminal Code, section 391 says that deliberately not paying what someone deserves can be a crime. It includes:

Not paying for all the hours worked or paying less than agreed
Not paying extra money for working at difficult times
Taking too much money out of a paycheck
Not putting money into retirement savings
Holding back entitlements
Paying less by saying someone has a different job or using a fake business number
Taking money out of paychecks without permission

It remains to be seen how this will apply to a director of a company employer, however, it will add another dimension to personal liabilities for business operators whether in insolvency or otherwise.

The new rules will cover things like regular pay, salaries, and also money for retirement and taxes that employers sometimes don’t pay when they’re having hard times.

We’re not sure yet how this will affect the director of a company, but it might make them responsible for paying these things, even if the business is in insolvency or otherwise.