LCL 30 Payment in Full and On Time

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The following provision of the Labor Contract Law of the People’s Republic of China (LCL) details the employer's obligation to pay workers in full and on time. It also provides a remedy, application to court for a payment order (支付令), when the employer’s obligation is not met. However, this remedy is not often used, and an application for labor arbitration is usually preferred. There are several reasons for this. First, prior to the revision of Civil Procedure Law of the People’s Republic of China (CPL), a simple objection on the part of the employer was enough to render the payment order invalid. Second, a lack of clarity in procedure and judicial practice means that even after applying for a payment order, a worker may not be able to skip the arbitration step. Third, the payment order only covers financial debts, and so may not resolve cases in which there are non financial components.

Article 30 - Employers Shall Pay On Time and In Full

The employing unit shall pay their workers remuneration on time and in full in accordance with the labor contract and the regulations of the State.

If an employing unit defaults in payment or underpays the labor remuneration, the worker concerned may, in accordance with law, apply to the local people’s court for an order for payment, and the people’s court shall issue such an order in accordance with law.

第三十条　

用人单位应当按照劳动合同约定和国家规定，向劳动者及时足额支付劳动报酬。

用人单位拖欠或者未足额支付劳动报酬的，劳动者可以依法向当地人民法院申请支付令，人民法院应当依法发出支付令。

LCL - Labor Contract Law of the People’s Republic of China

http://english.www.gov.cn/archive/laws_regulations/2014/08/23/content_281474983042501.htm 

中华人民共和国劳动合同法

http://www.mohrss.gov.cn/SYrlzyhshbzb/zcfg/flfg/fl/201605/t20160509_239643.html

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