Which contracting employers must pay the wage-cost portion of a subcontract price separately each month, and for which contracts?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the subcontract showing the contract price and the work undertaken, the identity of the contracting employer as national or local government, a public body, an invested or contributed institution, or another party, and the Presidential Decree setting the industries, amount scale and period that bring the contract within the provision.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the catch-all item at its word: every contracting employer not falling in the five named categories must, in a contract of an industry, amount scale and period that the Presidential Decree sets, pay separately each month the wage costs within the contract price, that is, the cost the subcontractor owes its own workers.
Another reading stresses that the condition sits in the main clause of the first paragraph: the duty to pay separately each month attaches only to contracts of the kinds the Presidential Decree specifies by industry, amount scale and period, so a contract outside that Decree falls outside the provision even where its employer is listed in the items.
Your judgment
How could a file show whether a subcontract's industry, amount scale and period fall within the Presidential Decree that the provision relies on?
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 Presidential Decree is amended to change the industries, amount scale or period, or if the list of contracting employers in the provision is altered.