Under my employment contract I am entitled to join my employer’s superannuation scheme.

But, both the employer and employee deductions will be deducted from my salary package.

It seems to me that the employer contribution is not really an employer contribution at all as it is being paid by me and not my employer.

Is this legal?

There is no law that states what is an employer contribution, and what is not.

The clause in your employment contract is relatively common. However, employees need to be aware that superannuation trust deeds often place restrictions on when employer contributions will be paid out of the superannuation fund.

For example, many trust deeds provide that if an employee is dismissed or resigns within a certain period, the employee will only receive his or her contributions. The employer contributions will not be paid out.

This means that if an employee’s employment contract states that both the employer and employee contributions will be deducted from his or her salary package, then the employee stands to lose his or her own money.

Employees need to check before joining an employer’s superannuation scheme that there are no restrictions on when the employer’s contributions will be paid out.