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If your employer becomes insolvent, you may be able to claim payment as part of the Fair Entitlements Guarantee (FEG). The FEG is designed to assist eligible employees if their employer goes into liquidation or becomes bankrupt. An eligible employee may be able to claim:

a. up to 13 weeks of unpaid wages

b. unpaid annual leave and long service leave

c. up to five weeks of payment in lieu of notice

d. up to four weeks per full year of service in redundancy pay

To be eligible to claim under the FEG, you must lodge your claim within 12 months of losing your job, (that is, the date your former employer went into liquidation or filed bankruptcy) due to insolvency. Some people are excluded from FEG payments, such as contractors; company directors or if they do not meet the eligibility criteria set out in the Fair Entitlements Guarantee Act 2012 (Cth).

Any payments you receive will be subject to the appropriate taxation rate. You can’t claim unpaid superannuation contributions as part of the FEG. If you’ve been underpaid your super entitlements, you’ll need to contact the Australian Taxation Office.

If you need further information, you can contact the FEG Hotline on 1300 135 040.

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