Taxes is the mandatory deductions that organizations and individuals must submit to the State when it satisfies certain conditions. State will use the tax fee as its budget to ensure its function. Therefore, the tax laws often apply and tax dispute will frequently occur.
Wage Calculated Based On Sales, How To Pay Social Insurance?
Update: 27/12/2016 | 9:15:33 AM - Dragon Law Firm
Dragon Law Firm provides the best legal consultation to Clients.
Dragon Law Firm provides the best legal consultation to Clients.
Question:
“Dear Lawyers in Dragon Law, I have worked for a company. In my labor contract with salary is paid based on sales in the month. Payroll coefficient depends on the business results of the company for each period. So, is my wages can be calculated to pay social insurance?
Answer:
The prestige lawyer in Dragon Law would like to respond to you as below:
According to Clause 1, Clause 2 of Article 17 under Decree No. 115/2015/ND-CP dated November 11, 2015 of the Government to promulgate provisions of Law on Social Insurance for compulsory social insurance, wage, which are based to pay compulsory social insurance and salary-based allowance; from January 1, 2018 salary, salary-based allowance and other amounts as prescribed in the labor law.
Pursuant to Article 90 of the Labor Code, Article 4 of the Circular No. 47/2015/TT-BLDTBXH dated November 16, 2015 of the Ministry of Labor, War Invalids and Social Affairs, which is guiding the implement of labor contract, labor discipline and material responsibilities of the Decree No. 05/2015/ND-CP dated January 1, 2015 of the Government, salary in the contract includes: salary amounts, salary-based allowance and other amounts as calculated by working period or posts under wage scales, wage tables stipulated by the employers in accordance with the labor law as agreed by the two parties. For employee wages based on products or piecework must be paid as period to determine product unit or piecework.
In comparison with the above provisions, your enterprise just pays salary based on monthly sales calculated which is unsuitable. As a result, you propose to your company to write salary in labor contract in accordance with the law, which is foundation to pay social insurance.
For more detail, kindly contact to Dragon Law at:
---------------------------------------------
Dragon Law Firm - Hotline: 1900.599.979
Website: www.vanphongluatsu.com.vn - www.dragonlaw.vn
Email: dragonlawfirm@gmail.com
Facebook: https://www.facebook.com/vanphongluatsudragon
Hanoi Headquarter: FL14.6, VIMECO Bldg, Lot E9, Pham Hung Str., Trung Hoa Ward, Cau Giay Dist., Hanoi
Hai Phong Office: FL4.6, Khanh Hoi Bldg, Lot 2/3C, Le Hong Phong Str., Ngo Quyen Dist., Hai Phong
Other News
Legal Services to Company Restructure
Converting the type of enterprise is part of the company restructure, legal consultation services of Dragon Law provides the conversion procedure of company giving the advantages and many choices for the needs of Clients.
Best Law Firm in Hanoi: Allowances without Personal Income Tax
Dragon Law, famous law firm in Vietnam in tax, labor, debt collection, land … provides 45 benefits, allowances without taxable personal income.
Lawyer in Labor Dispute Resolution in Vietnam
Labor dispute is a conflict between employees or collective employees with employers on rights and interests. With a team of experienced lawyers in labor legal dispute and in litigation to resolve labor disputes in court, Client can be served by Dragon Law’s best legal advice service. Please pick up the phone and call the number 1900.599.979 to be answered.
Resident and Non-Resident Individuals for Tax
Legal office with professional lawyers and experts in tax consultation would like to support Client with best lawful services through hotline number 1900.599.979.
Tax Procedures for New Setup by Famous Law Firm In Vietnam
As a newly established enterprise, there is no accountant, no chief accountant and need an tax advice from famous law firm in Vietnam in enterprise consultation?
Conditions and procedures for dental clinic registration
For conditional service industries, conditional business registration is required for operating businesses. The operating license is called the secondary license in addition to the certificate of incorporation. Customers who want to open a dental clinic in Vietnam are no exception. The Dragon Law Firm in Hanoi provides specific advice on the conditions for a dental clinic registration procedure.
Registration Procedures for Company’s Representative Office
Representative office must carry the name of the enterprise, together with corresponding the supplement of representative office.
Free Labor Legal Advice Via Hotline 1900.599.979
Labor legal advice is a legal services are defined under the law of Vietnam and international treaties, conventions of functional units assigning to the prestigious lawyer with thickness of experience and knowledge to legal aid for all classes of people.
Partnerships in Vietnam
.png)
You want to learn more about Partnerships - one of the most popular types of enterprise in Vietnam?
.png)
