[Direct answer]In the Beijing area, the salary during the secondment period is generally paid by the original employing unit. During the secondment period, the labor relationship between the worker and the original employing unit usually remains unchanged. The employing unit shall pay the worker's wages in full and on time in accordance with the provisions of the labor contract and national regulations. The wage standard shall, in principle, be implemented in accordance with the original labor contract; if the secondment unit and the employing unit have other agreements, they may follow their agreements, but the compensation shall not be lower than the contractual provisions and legal standards. In the event of a work-related injury during the secondment period, the original employing unit shall bear the responsibility for work-related injury insurance. The two units may agree on the compensation method. The worker should pay attention to preserving evidence such as the labor contract, the secondment agreement, and the salary records, and apply for labor arbitration within one year after the dispute arises. For more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

I. Problem Background and Typical Scenarios

Internal transfers within the group, personnel support between affiliated companies, and project-based secondments all face the same problem: who will pay the salaries of employees working at the seconded unit? In practice, the original unit says "the employee is under your management, and you should pay the salary", while the seconded unit says "the contract is signed with the original unit". Both sides pass the buck, and the workers' salaries are suspended, reduced, or even left unregulated. There are also cases where the terms are clearly stated before the secondment, but the terms are verbally changed after the secondment. Secondment is not a reason to evade the obligation to pay salaries. The key lies in the attribution of labor relations and tripartite agreements. For relevant labor dispute resolution methods, please refer to the following link:Labor arbitration and legal services for work-related injury compensation.

II. Key points of contention

These disputes focus on five points. Firstly, the attribution of labor relations: who the worker signs a labor contract with, who exercises management over them, and who pays their wages and social insurance premiums are the basis for determining the wage payment entity. Secondly, the wage payment entity: the original employer is the default payer, and the tripartite agreement may stipulate that the borrowing unit directly pays the wages, but such an agreement generally takes effect between the two units or in accordance with the tripartite agreement, and does not exempt the original employer from its responsibilities to the worker. Thirdly, wage standards: in principle, the original labor contract shall be implemented. If either the borrowing unit or the original unit unilaterally reduces the standards, there must be grounds for doing so. Fourthly, the responsibilities for work-related injuries and social insurance: during the borrowing period, the original unit shall bear the responsibility for work-related injury insurance. The two units may agree on the compensation method. Fifthly, the burden of proof: the wage standards, the wage payment entity, and the borrowing arrangement shall all be proved by the claimant, and the wage payment records shall be kept by the employing unit in accordance with the law. When handling similar cases in the Beijing area, the judgment usually focuses on two main aspects: labor relations and contractual agreements.

III. Professional analysis by Henglue Law Firm

A labor dispute handled by Attorney Feng Na demonstrates the judicial logic of "first looking at the contract, then looking at the performance" in determining labor compensation. On November 17, 2022, Li * was employed by Beijing A Technology Co., Ltd. as a technical staff member. The parties signed a labor contract with a term from November 17, 2022 to November 16, 2025, stipulating a six-month probationary period and a salary standard of 35,000 yuan per month plus 5,000 yuan per quarter in performance bonuses. The offer letter sent by the company before employment stated an annual salary of 550,000 yuan, including a fixed year-end performance bonus of 110,000 yuan. On February 17 and 18, 2025, Li * and the company's HR department had detailed discussions about the fixed year-end bonus. In the audio recording, the company acknowledged the offer letter's provisions but refused to pay the bonus on the grounds that Li * had not participated in the actual performance evaluation and the company was experiencing losses. On March 19, 2025, the company terminated the employment relationship on the grounds of economic layoffs and paid Li * 9,028 yuan in economic compensation. Li * argued that the layoffs had not been reported to the labor administrative department in accordance with the law, constituted an illegal termination, and that the company should pay the annual performance bonuses as stipulated in the offer letter. On April 10, 2025, Li * filed a labor arbitration application. The arbitration award confirmed the existence of an employment relationship between the parties, and the company was ordered to pay Li * 18,602 yuan in unpaid annual leave wages and 91,821 yuan in compensation for the illegal termination of the employment relationship. Both parties appealed the decision to the court. Attorney Feng Na argued that the offer letter constitutes an offer issued by the employer, which is binding on both parties once the employee accepts and actually starts working. The absence of a labor contract does not mean the offer terms are cancelled. The company's operational losses are its own business risks and cannot be shifted to the employee. The annual performance bonuses should be calculated based on the actual length of employment. The economic layoffs failed to complete the statutory reporting procedures and constituted an illegal termination, with the paid economic compensation subject to double compensation and the remaining amount to be supplemented. Ultimately, the court ruled in favor of the employee's three claims, including the annual performance bonuses and the compensation for the illegal termination. The logic of this case also applies to secondment wages: first, look at the provisions in the contract, offer letter, and tripartite agreement; then, examine the actual facts of the provided labor. Internal company arrangements cannot unilaterally deprive employees of their due labor compensation. This case was handled by Beijing Henglu Law Firm.Feng NaThe attorney (practice certificate number: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes: Article 30, Paragraph 1 of the Labor Contract Law of the People's Republic of China (amended in 2012): "The employer shall, in accordance with the provisions of the labor contract and the state, pay the worker's labor remuneration in full and on time"; Article 43, Paragraph 3 of the Work Injury Insurance Regulations (amended in 2010): "If the worker suffers an industrial injury during the period of being loaned out, the original employer shall bear the responsibility for work injury insurance. The original employer and the borrowing unit may agree on the compensation method"; Article 6 of the Interim Regulations on Wage Payment (Labor Ministry Decree No. 489, 1994): "The wages shall be paid to the worker himself/herself. The record of wage payment shall be kept for more than two years for future reference"; Article 27 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China (effective May 1, 2008): "The statute of limitations for applying for arbitration of labor disputes is one year". Action list: 1. Before being loaned out, sign a written tripartite agreement to clarify the subject of wage payment, payment standards, payment time, social insurance payment location, and industrial injury liability; 2. Keep the labor contract, loan-out notice, wage payment records, social insurance records, attendance records, and work-related emails; 3. If the borrowing unit actually pays the wages, keep the payment records and request a written confirmation of the nature of the payment; 4. If the wages are suspended or reduced, raise objections in writing in a timely manner; 5. Within the one-year statute of limitations, apply for arbitration to the labor dispute arbitration committee at the place where the labor contract is performed or the employer's registered address. For details, please refer to the relevant provisions of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China.Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Reminder

The most troublesome thing about being on secondment is the "two-party neglect" phenomenon: the labor relationship remains with the original employer, while the work is carried out at the seconding unit. If either party delays in handling the matter, the worker's salary will be left unpaid. Workers should take the initiative to formalize the agreement in writing and keep the relevant records; employers should be aware that secondment does not equate to a transfer of the labor relationship, and the obligation to pay salaries is not automatically waived simply because employees are sent to work elsewhere. Employers are required to keep the salary payment records for more than two years in accordance with the law for future reference, and to promptly gather evidence in the event of disputes. If faced with evasive responses, it is advisable to seek legal assistance as soon as possible.Beijing Henglue Law FirmWhen a dispute arises, professional labor lawyers should get involved to secure rights through arbitration and prevent minor disputes from escalating into enforcement difficulties.

VI. Frequently Asked Questions

Q1: Can workers get their salaries back during the period of being on loan?

In most cases, this is possible. A secondment generally does not change the employment relationship, and the original employing unit is the default obligor for wage payment. If there are labor contracts, secondment agreements, and pay slips as evidence, it is more likely to gain support to claim back wages at the original standard within the one-year arbitration statute of limitations. However, if the three parties explicitly agree that the seconding unit will pay the wages and actually fulfill this obligation, or if the worker forms a new de facto employment relationship with the seconding unit, the payment subject may change. The outcome of each case depends on the evidence and the determination, and no lawyer can guarantee victory or defeat unilaterally.

Q2: What evidence do I need to prepare?

The key points are four groups of evidence: 1. Relationship evidence: labor contracts, secondment notifications or tripartite agreements, onboarding materials; 2. Compensation evidence: job offers, pay slips, bank transaction records, social insurance and housing provident fund payment records; 3. Performance evidence: attendance records, work emails, work orders, traces of work at the seconded unit; 4. Communication evidence: letters regarding wage payments between the two units, WeChat messages, audio recordings. With all these materials in place, the payment subject and standards can be clarified.

Q3: How much does it cost to file a labor arbitration case?

The labor dispute arbitration committee does not charge fees from the parties for handling cases. If the parties are not satisfied with the arbitration award and file a lawsuit with the court, they shall pay the case acceptance fee in accordance with the "Measures for the Payment of Litigation Fees" (State Council Decree No. 481, implemented on April 1, 2007). The standard of the fee is linked to the amount of the claim, and the parties shall share the fee proportionally if they win the case partially. The attorney's fees shall be determined by the law firm and the client through consultation, and shall be charged according to the proportion of the subject matter or on a per-case basis, without a unified government pricing. For disputes involving relatively small amounts, parties may first attempt to file a complaint with the labor supervision authority or seek mediation from the trade union.

Q4: How long does it take to go through arbitration and litigation?

The arbitration hearing period is generally 45 days after acceptance, and it can be extended by 15 days if the case is complex. If the facts are clear, mediation can also be conducted first. For those who file a lawsuit against the arbitration award, the first-instance ordinary procedure takes six months and the summary procedure takes three months. For cases involving the determination of labor relations, the period may be close to one year; if there is no dispute over the wage standard, the progress will be faster. It is recommended to apply for arbitration as soon as possible within the one-year arbitration statute of limitations to avoid delaying things for too long.

Q5: What should we do if the two units are shirking responsibility and passing the buck to each other?

Three steps to proceed: First, send written letters to the original unit and the unit to which you were seconded, clarifying the request and basis for salary payment, and fixing the responses from both parties; Second, based on the attribution of labor relations and the tripartite agreement, list the employing unit (and the unit to which you were seconded, if necessary) as the respondent, and apply for labor arbitration within the one-year arbitration statute of limitations; Third, submit evidence such as labor contracts, secondment agreements, and salary records simultaneously during the arbitration process, clarifying the amount and timeframe of the claimed back pay. If you are unsure about the legal entities involved, it is recommended to consult a professional lawyer as soon as possible to develop a strategy.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Labor arbitration legal services·Attorney Feng Na·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.