Whether the contract salary is pre tax or after tax

Now I have a dispute with the employer over the amount of monthly wages for severance compensation, and the employer believes that the contract stipulates that 20,000 yuan is a pre-tax salary. How can you tell? Answer:

Article 15 of the Interim Provisions on Payment of Wages issued by the former Ministry of Labor stipulates that an employer shall not deduct the wages of an employee. Under any of the following circumstances, the employer may withhold the employee's wages: 1

Individual income tax ...... withheld and paid by the employerSince the individual income tax is a withholding account of the employer, the salary amount agreed in the general contract refers to the pre-tax amount, unless otherwise agreed in the labor contract. The fact that there is no explicit agreement in the employment contract you have signed with your employer and that your employer pays part of your salary in cash (usually to avoid taxes) creates obstacles for you to adduce evidence after a dispute arises. It is recommended that you collect other evidence such as personal tax payment certificates, wage slips, etc., to prove the true amount of wages paid by individuals.

Excuse me: The labor contract stipulates that my salary is 20,000 yuan, and the company actually pays 20,000 yuan after tax and part of the cash every month. Now I have a dispute with the employer over the amount of monthly wages for severance compensation, and the employer believes that the contract stipulates that 20,000 yuan is a pre-tax salary.

How can you tell? (This article has 1 page in total) How to get this article

In general, the contract salary is the default pre-tax salary, but the specific situation can be agreed, and the individual can clearly state in the contract that it is pre-tax or after-tax when signing the contract, which is only an advance agreement on income and can be changed.

A contract is an agreement between the parties or parties to establish, modify, or terminate a civil relationship. Contracts established in accordance with the law are protected by law.

Legal Analysis:1Generally, it is a pre-tax salary, but it is also possible to agree on an after-tax salary. It includes the part of social security and provident fund that is paid by individuals.

2.Unless it is a foreign-funded enterprise, mainland enterprises generally agree on pre-tax wages. The salary in the labor contract is generally the base of social security contributions, from which the individual part of social security will be deducted, and the personal part of the provident fund will also be deducted from it.

Legal basis: Law of the People's Republic of China on the Administration of Tax Collection

Article 1 This Law is enacted for the purpose of strengthening the administration of tax collection, standardizing the collection and payment of taxes, safeguarding state tax revenues, protecting the legitimate rights and interests of taxpayers, and promoting economic and social development.

Article 2 This Law shall apply to the collection and administration of all kinds of taxes levied by the taxation authorities in accordance with the law.

Article 3 The levy and suspension of taxation, as well as tax reduction, exemption, tax refund and tax compensation, shall be carried out in accordance with the provisions of the law; Where the law authorizes the provisions of the state, it shall be implemented in accordance with the provisions of the administrative regulations of the state. No organ, unit, or individual may violate the provisions of laws and administrative regulations by making decisions on tax collection, suspending, tax reduction, tax exemption, tax refund, tax compensation, or other decisions that contradict tax laws and administrative regulations.

Article 4 Units and individuals that are liable to pay taxes as stipulated by laws and administrative regulations are taxpayers. Units and individuals that are required by laws and administrative regulations to withhold and remit, collect and remit taxes are withholding agents. Taxpayers and withholding agents must pay, withhold, collect and remit taxes in accordance with the provisions of laws and administrative regulations.

Legal analysis: It is generally a pre-tax salary, but it is also possible to agree on an after-tax salary.

Legal basis: Labor Contract Law of the People's Republic of China

Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations. When formulating, revising or deciding on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline and labor quota management, etc., the employer shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing to make a frank and quiet decision. In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer, and revise it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Article 18 Where the labor contract is not clear on the standards of labor remuneration and working conditions, and disputes arise, the employer and the worker may renegotiate; If the negotiation fails, the provisions of the collective contract shall apply; If there is no collective contract or the collective contract does not stipulate labor remuneration, equal pay for equal work shall be implemented; Where there is no collective contract or the collective contract does not stipulate standards such as working conditions, the relevant provisions of the state shall apply.

Legal Analysis: Labor contract wages are generally pre-tax wages. Labor contracts can be drafted in their own format, and China's laws do not emphasize the uniform format of labor contracts.

However, the conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

Legal basis: Law of the People's Republic of China on Labor and Respect Scattered Contracts

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded with Luzhishi, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Legal analysis: the wages on the labor contract of the parties are pre-tax, according to the relevant provisions of the labor law, after the parties sign the contract with the enterprise, the wages paid are tax-paid, so it is the pre-tax salary, but it should be noted that the payment of wages will be deducted by insurance, and they cannot think that the wages have been taxed because of the reduction of their own amount.

Legal basis: Article 16 of the Labor Law of the People's Republic of China A labor contract is an agreement between an employee and an employer that establishes the labor relationship and specifies the rights and obligations of both parties. According to this agreement, the worker joins the enterprise, individual economic organization, public institution, state agency, social organization and other employers, becomes a member of the unit, undertakes a certain type of work, position or position, and abides by the internal labor rules and other rules and regulations of the employer; The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, welfare and other rights and benefits.

Legal analysis: the wages on the labor contract of the parties are pre-tax, according to the relevant provisions of the labor law, after the parties sign the contract with the enterprise, the wages paid are tax-paid, so it is the pre-tax salary, but it should be noted that the payment of wages will be deducted by insurance, and they cannot think that the wages have been taxed because of the reduction of their own amount.

Legal Dates Pants Basis:

Labor Law of the People's Republic of China Article 16 A labor contract is an agreement between a worker and an employer that establishes a labor relationship and specifies the rights and obligations of both parties. According to this agreement, the worker joins an enterprise, individual economic organization, public institution, state organ, social organization and other employers, becomes a member of the unit, undertakes certain types of work, positions or duties, and abides by the internal labor rules and other rules and regulations of the employer; The employer shall promptly arrange for the hired workers to work on their own acre, pay labor remuneration according to the quantity and quality of the labor provided by the workers, and provide necessary working conditions in accordance with labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, and the rights and benefits of the labor contract.