Flexible employment refers to the short-term and temporary employment methods of enterprises. Compared with the traditional employment mode, flexible employment is more diversified and flexible, which not only meets the employment requirements of enterprises in a special period, but also increases the income of workers.

In essence, flexible employment is a way of landing tax collection, and it is also a concrete way for companies to rationalize the cost structure. Flexible employment, as a key point of enterprise financial management, closely revolves around the operation of funds, with the aim of maximizing the overall profit of the company.

Paying taxes according to law is the obligation of enterprises, and tax planning is also the legal right of every taxpayer. Therefore, tax planning itself is legal and compliant. Flexible employment is supported by law in China, and the Labor Contract Law allows a variety of part-time jobs. In the legal field, Gong Ling is a recognized employment method. In other words, the new employment mode of flexible employment is legal. State Taxation Administration of The People's Republic of China's "Reply to Recommendation No.8765 of the Third Session of the 13th National People's Congress" fully demonstrates State Taxation Administration of The People's Republic of China's recognition of the flexible employment service platform itself, which is sufficient to show the rationality and legitimacy of the platform.

Whether flexible employment tax planning is illegal or not depends on the platform itself. The flexible employment platform is on the verge of corporate tax risk/illegality. Those companies that have not obtained the qualification of flexible employment service platform are doing illegal things under the banner of tax avoidance and tax saving, which is naturally illegal. However, if the flexible employment platform operates reasonably and conforms to national laws, it is legal.

legal ground

Labor Contract Law

Article 58 Rights and obligations of labor dispatch units, employers and laborers. The labor dispatch unit is the employing unit referred to in this Law and shall fulfill the obligations of the employing unit to the laborers. The labor contract concluded between the labor dispatch unit and the dispatched worker shall not only specify the matters specified in Article 17 of this Law, but also specify the employing unit, dispatch period and post of the dispatched worker.