When the labour ministry has paid an advance payment of wage claims to a worker, what lets it demand that amount back from the employer, and through which body?
General information · Not legal advice
Material to check
The practice file would hold the record showing the Minister of Employment and Labour paid the advance payment of wage claims to the worker and under which cited provision that payment was made, the papers showing the unpaid wages, etc. the worker held against the business owner, and the notice sent to that owner setting a deadline for payment of the corresponding amount.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties the whole power to the advance: only where the Minister of Employment and Labour has paid an advance payment of wage claims to a worker under the provision on such payments or the provision following it does the Minister succeed to the worker's right to claim unpaid wages, etc. under the first paragraph of the provision on claiming unpaid wages, and the Minister must then notify the business owner to pay the corresponding amount, setting a deadline for it.
Another reading looks at how that amount is collected: only the enumerated provisions of the employment insurance and industrial accident insurance premium collection law are applied mutatis mutandis, with one of them limited to the items the provision lists, and read with the business owner as the person liable to pay, the repayment as premiums, and as the acting body the Minister of Employment and Labour, unless authority under this Act's delegation provision has been delegated, in which case the delegatee acts.
Your judgment
Where the unpaid wages, etc. exceed the advance payment made, what in the file shows how the corresponding amount to be paid back was arrived at?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which body acts or which borrowed provisions apply, or if a decision settles what the corresponding amount covers.