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3 In relation to the Labour Contract Law of China:
(a) state the remedial measures an employee is entitled to take if an employer delays in paying, or fails to pay, wages or salaries;
(b) explain what changes can be made to a labour contract by an employer and what is the legal effect of these changes.
答案:3 This question requires candidates to state the remedial measures for an employee to take if an employer fails to pay wages according to the labour contract, the legal effect on labour contracts where an employer changes its business name, or legal representative or legal personality under the Labour Contract Law of China.
(a) In accordance with Article 30 of the Labour Contract Law, if an employer delays to pay wages, or fails to make payment in full amount as agreed in a labour contract, the employee may apply to the local labour arbitration commission to protect his or her right. An employee may also apply to the local people’s court for an order to pay. The people’s court shall directly issue such an order according to the law.
(b) In accordance with Articles 33 and 34 of the Labour Contract Law, a labour contract shall be performed without any impact by any one of the following changes of the employer: change of its business name, change of the legal representative or the person who is in charge of the employer, change of the investors of the employer. Furthermore, where an employer is merged or divided, or any changes in its legal personality, the existing labour contracts shall remain effective and continue to be performed by the legal entity that has succeeded the rights and obligations of the original employer.
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