Currently, the social security payment agency is being rectified. It is no longer feasible to rely on fictitious labor relations to pay social security on behalf of others.
It is illegal to pay on behalf of social security.
In real life, in order to enjoy social security benefits, obtain the qualifications to buy a house or a car, and avoid social security payment interruptions, some people who do not have an employer use social security payment companies to sign up for social security, or work in the companies of relatives and friends. It is affiliated with social security, but in fact the two parties have not established a real labor relationship. This practice is actually suspected of being illegal.
Starting from March 18, 2022, the " Social Security Fund Administrative Supervision Measures " will be officially implemented. According to Article 32 of the Measures, if an employer or individual commits any of the following acts and defrauds social insurance benefits by defrauding, forging certification materials or other means, it shall be dealt with in accordance with the provisions of Article 88 of the "Social Insurance Law of the People's Republic of China" , including: fabricating social insurance insurance conditions, illegally paying back, and defrauding social insurance by fabricating personal information and labor relations, using forging, altering or stealing documents that can be used by others to prove identity, providing false certification materials, etc. treatment.
"Now the policy has been clarified. Article 32 clearly details the fraud in Article 388 of the Social Security Law. Personal payment on behalf of others is a fictitious labor relationship situation specified in the first paragraph of Article 32, and is clearly prohibited." An industry insider who did not want to be named told the "China New Observation" column of China News Network that there is basically no dispute in the industry that it is illegal for individuals to make payment on behalf of others. This is prohibited, and the companies that are still doing it are only bold. Do.
Rectification of social security affiliated payment
At present, human resources and social security departments in many places have publicly released information, clarifying that affiliated insurance and fictitious insurance conditions are suspected of violating laws and regulations.
Among them, the Guangzhou Human Resources and Social Security Bureau issued an article on its official website to remind you not to believe the one-time social security supplementary payment advertisements. Currently, the country is carrying out special rectification actions on the safety of social security funds and illegal participation in insurance and supplementary payment. Illegal participation in insurance and supplementary payment The consequences are serious. The official WeChat account of the Tianjin Bureau of Human Resources and Social Security also issued a statement saying that there are many risks in making payment on behalf of others, and there are serious consequences for paying in violation of regulations.
The Guangdong Provincial Department of Human Resources and Social Security recently issued a notice saying that in recent years, our province has discovered many serious cases of illegal back payment and fraudulent insurance. Some intermediaries have released information on agency back payment through online platforms to mislead the insured, which has affected the social security fund. Safe operation, there are greater risks. It is illegal to fabricate labor relations to participate in insurance premiums and defraud social security benefits, and will be seriously investigated and punished in accordance with the law.
The Guangdong Provincial Department of Human Resources and Social Security has decided to launch a province-wide special campaign to crack down on illegal insurance participation and repayment issues from April to December 2022. The special action mainly cracks down on illegal handling of insurance participation and back payment of social insurance premiums through fictitious labor relations, forged certification materials and other methods.
Zhang Yinghua, executive researcher of the World Social Security Research Center of the Chinese Academy of Social Sciences, told the "China New Observation" column of China News Service that in practice, for their own interests, some people make illegal supplementary payments when they do not comply with relevant regulations in order to defraud security and cause The loss of social insurance funds is unfair to the insured persons who pay in accordance with the law. If left unchecked, it will encourage opportunistic behavior . To this end, various localities have carried out crackdowns on illegal insurance participation and insurance fraud, and promptly curbed bad practices.
Wang Weiqing, an industry instructor with a tax professional degree at the School of Economics at Fudan University, also told the "China New Observation" column of China News Network that cracking down on illegal and illegal insurance participation and supplementary payments is also a manifestation of reducing social security funds and plugging loopholes. It is unreasonable for people who do not meet the conditions to register and make additional payments through illegal means to achieve their personal goals. Judging from future trends, the management of social security will become increasingly strict.
Some e-commerce platforms have blocked social security affiliated services.
After the policy was clarified, have the companies that were previously engaged in social security affiliated payment services disappeared?
Currently, some e-commerce platforms have blocked the service of social security payment. A reporter from Sino-Singapore Finance searched for social security affiliation or social security payment on the Taobao APP, but no results were found, and no relevant products were found. However, not all e-commerce platforms currently block related services.
China News Finance reporter consulted a number of merchants as buyers. Some of them made it clear that "it cannot be done" by being affiliated with social security. They only provide payment services on behalf of workers and do not accept any treatment-related business, including medical insurance reimbursement and work-related injury reimbursement. , maternity examination reimbursement, maternity allowance , unemployment allowance, retirement business, etc. We only provide services such as errands and labor payments.
Some merchants also stated that they can provide social security payment services. When reporters raised concerns about legality issues, these stores unanimously stated that they had avoided benefits and payment services.
html On March 17, a reporter consulted a store that claimed to have a physical store. The customer service said that orders could still be placed and claimed that customers would not receive subsidies that did not meet regulations. But when I consulted again on May 27, the customer service said that the photo shoot was no longer allowed and could only be processed through an offline mini-program.The customer service of a store said: "We have never done payment business. Payment depends on everyone's personal wishes. There is no agreement on personal payment, and the payment records can be checked on the official website."
Social Security Card data map. Photo by Li Jinlei of China News Finance
What should I do if the consequences of social security affiliation are serious?
The reason why these stores avoid benefit collection business is to avoid being charged with defrauding social security benefits.
Currently, some people have been sentenced. A case announced by the People's Court of Chaoyang District, Beijing, in 2021 showed that a company in Beijing used fictitious labor relations to pay maternity insurance in the name of company employees for 36 pregnant women who did not meet the insurance conditions, and defrauded a total of 980,000 maternity allowances. Yu Yuan, eventually 8 people were sentenced.
There are also risks for those who choose social security affiliation.
The Guangzhou Human Resources and Social Security Bureau stated that according to relevant laws and regulations, illegal participation in insurance and supplementary payment are social security fraud, and the tax department and social security department will not handle it. The period of illegal participation in insurance or supplementary payment will also be deleted, and the relevant information will be deleted. Recorded in their credit files; if the circumstances are serious, a fine of not less than one time but not more than three times the amount involved will be imposed; if it constitutes fraud and defrauded insurance, the social insurance administrative department will order the return of the social security benefits received, and will be fined not less than two times but not more than five times the amount of fraud. The following fines shall be imposed; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
comes from WeChat of Chengdu Human Resources and Social Security Bureau.
The Chengdu Human Resources and Social Security Bureau also issued a reminder that there are huge risks in being affiliated with social security payment agencies: rights and interests cannot be protected; the company runs away, losing both people and money; leaking personal information, triggering online fraud; affecting personal credit reporting; and being jointly punished by multiple departments.
Industry insiders interviewed above said that in fact, local social security has a method for individuals to pay social security for flexible employment. In fact, individuals do not need to find a third party to pay on their behalf. They can pay directly by themselves, and the cost is less. The rate of flexible employment is less than the total personal fee paid by the employee to the unit, and there is no additional handling fee.
In the opinion of industry insiders, many individuals choose to pay on their behalf because, firstly, they do not know the formal channels, secondly, it is convenient, and thirdly, some may not have flexible employment but just want to make continuous payments. Therefore, it is necessary to increase publicity efforts, enrich insurance participation methods, and make flexible employment insurance participation more convenient.
Zhongxin Finance has noticed that at present, the household registration restrictions for people with flexible employment insurance are gradually being relaxed. For example, from May 10, Shenzhen will ban non-Shenzhen household registration for flexible employment who have not reached the statutory retirement age Personnel can apply to participate in the first level of basic medical insurance as an individual.
Source: China News Network
