Main Contractors Remain Responsible For Wage Payments Where Labor Intermediaries Fail To Pay

In construction activities, workers may be recruited and managed through a labor contractor or other intermediary. The use of an intermediary does not, however, relieve the principal employer of its statutory responsibilities toward workers, including responsibility for wages.

1.     The Principal Employer Must Pay Wages Where the Labor Contractor Fails to Do So

Article 100 of the 2019 Labor Code requires a principal employer at a workplace using a labor contractor or a similar intermediary to maintain information concerning the contractor and workers and to ensure compliance with applicable requirements on wages, occupational safety and occupational hygiene. More importantly, Clause 2, Article 100 provides that where a labor contractor or similar intermediary fails to pay wages, pays wages only partially, or fails to ensure other statutory benefits of workers, the principal employer remains responsible for paying the wages and ensuring those rights.

The principal employer may subsequently seek reimbursement or compensation from the labor contractor or request the competent authority to resolve the dispute in accordance with law. Accordingly, the fact that workers receive payment through a labor contractor does not, by itself, release the principal employer from its statutory obligations where wages or other employment-related rights are not fully provided.

2.     Workers Should Formally Demand Payment and Preserve Supporting Evidence

Where wages are delayed or unpaid, workers should submit a written payment demand to both the labor contractor and the principal employer. The demand should clearly identify the relevant period of employment, the agreed wage rate, the outstanding amount and the deadline for payment.

Workers should also preserve documents and records evidencing the employment relationship and unpaid wages, including employment contracts or work arrangements, attendance records, payroll records, correspondence and messages, bank transfer records and other relevant documents. Maintaining a complete evidentiary record can be particularly important where the parties subsequently proceed to formal dispute resolution.

3.     Unpaid Wages May Give Rise to a Labor Dispute

Where a payment demand does not resolve the matter, the worker may seek resolution of the individual labor dispute in accordance with the 2019 Labor Code. Under Article 187, individual labor disputes fall within the jurisdiction of labor mediators, Labor Arbitration Councils and the People’s Courts. As a general rule, Clause 1, Article 188 requires an individual labor dispute to undergo mediation by a labor mediator before the matter may be referred to a Labor Arbitration Council or a court, subject to statutory exceptions to the mandatory mediation requirement.

Where the parties cannot resolve the outstanding wage claim, the worker should therefore identify the applicable dispute-resolution procedure and competent authority based on the circumstances and the law in force at the relevant time.

4.     Workers Should Take Prompt Steps to Protect Their Rights

Where a wage dispute involves a labor contractor or other intermediary, the worker should first identify the party legally responsible for payment, with particular attention to the statutory responsibility of the principal employer under Article 100 of the 2019 Labor Code.

A written payment demand, proper preservation of evidence and compliance with the applicable dispute-resolution procedure can provide an important basis for protecting the worker’s lawful rights and interests.

Legal Basis: Articles 100, 187 and 188 of the 2019 Labor Code, as consolidated under Consolidated Document No. 18/VBHN-VPQH dated 12 February 2026.

Legal Counsel: Lawyer Lê Hà My – MY LEGAL COUNSEL

Compiled and Edited by: Phan Kim Hoàng

Source: This article is based on and adapted from the legal advice provided by Lawyer Lê Hà My to Tuổi Trẻ newspaper.

Original Article: https://tuoitre.vn/chu-thau-khong-tra-tien-luong-phai-lam-sao-20250801075951739.htm