Zhiheng Sharing | Workers work in two affiliated companies at the same time. How is the payer determined?
In actual employment practices,
Some companies, for the sake of convenience in corporate management and other reasons,
Assigning or seconding employees to work at the enterprise’s affiliated entities,
Instances of mixed and overlapping employment arrangements occur frequently,
Also due to the issue of the entity responsible for wage payments.
has sparked quite a bit of controversy.
Now, please join Attorney Gao as we examine this case.
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Statutory reference:
Article 50 of the Labor Law of the People's Republic of China: Wages shall be paid to the employee in monetary form on a monthly basis. No deduction or unjustified withholding of employees’ wages shall be permitted.
Article 3 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases (II)": If a worker is employed alternately or simultaneously by multiple related entities and requests confirmation of the employment relationship, the people's court shall handle the matter as follows:
(I) If a written employment contract has been concluded, and the employee requests that the employment relationship be confirmed in accordance with the employment contract, the people’s court shall support such request in accordance with the law;
(II) If no written employment contract has been concluded, the employment relationship shall be confirmed by comprehensively considering factors such as working hours, job duties, payment of wages, and social insurance contributions, based on the employer’s management practices.
Where a worker requests that affiliated entities, under the circumstances specified in paragraph 2 of the preceding article, jointly bear liability for the payment of wages, benefits, and other entitlements, the people’s court shall uphold such claim in accordance with the law, unless the affiliated entities have, in compliance with the law, entered into an agreement regarding the worker’s wages, benefits, and other entitlements, and the worker has consented thereto.
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