Labor Law: The employer fails to pay the agreed salary to the secondee

File a complaint with the local labor inspectorate or apply for labor arbitration.

1. Who pays the wages of the seconded employees?

In a secondment relationship, under normal circumstances, the original employer and the seconding unit will sign an agreement to stipulate the payment of wages to the seconded employee, and if the agreement does not stipulate, then the employee can claim wages from the original employer, and at the same time, since the employee has also provided labor for the seconded unit, he can also request the secondment unit to pay labor remuneration.

If an employee of the unit is seconded to work in another unit, the employee and the employer still have an employment relationship, and the transfer does not occur because of the secondment. The employer may stipulate in the agreement with the seconding entity that the payment of the employee's wages shall be made by the employer or the secondment unit shall pay the labor remuneration to the employee. In addition, according to Article 43 of the Regulations on Work-related Injury Insurance, if an employee is injured in a work-related accident during the period of secondment, the original employer shall bear the work-related injury insurance liability, but the original employer and the secondment unit may agree on compensation methods.

2. What is the employment relationship of a seconded employee?

Secondment is a situation in which an organization borrows staff from another unit without changing its affiliation. There is a tripartite relationship in the secondment, the lending unit, the borrowing unit and the borrower, generally the borrowing unit and the lending unit sign a secondment contract, and with the consent of the seconded person, the seconded person goes to the borrowing unit to engage in labor. The borrower and the borrowing unit do not establish an employment relationship, but during the secondment period, the borrower and the borrowing unit continue to have an employment relationship.

3. What is the difference between secondment and labor dispatch?

1. In terms of related personnel, enterprise secondment generally involves mutual business cooperation, personnel exchanges, study and training, etc., while labor dispatch mainly involves temporary, auxiliary, substitute positions or specific service industries and highly specialized and technical businesses;

2. In terms of main business, the lender seconded by the enterprise generally has its own lease and industry, and does not take the dispatch business as its main business, while the main business of the labor dispatch unit is the dispatch of human resources;

3. In terms of frequency of use, the secondment of the source enterprise is not a regular behavior, while the labor dispatch is the normal operation of dispatched workers;

4. In terms of professional institutions, enterprise secondment is usually only based on the common will of both parties, and there is no so-called agency specializing in secondment business, while labor dispatch is based on the premise of the dispatch company's business operation;

5. In terms of whether to benefit or not, enterprise secondment is usually based on personnel interaction or adjustment, and usually not for the purpose of obtaining economic benefits, while labor dispatch is based on the basic goal of dispatching benefits.