Social security affiliation refers to individuals who want to purchase social security. For some reasons, there is no company to pay social security for them, so they affiliate their social security with an agency that specializes in social security payment, and the agency purcha

The definition of affiliation given in the Business International Modern Chinese Dictionary is: an institution or organization that does not have independent qualifications is affiliated or temporarily attached to an independent institution or organization.

Social security affiliation refers to individuals who want to purchase social security. For some reasons, there is no company to pay social security for them, so they affiliate their social security with an agency that specializes in social security payment, and the agency purchases social security for them. In accordance with the relevant provisions of my country's Labor Law and Social Insurance Law, the employer shall pay social insurance for the employee after establishing a labor relationship with the employee. However, if social security is paid in the form of social security affiliation, there is actually no labor relationship between the individual and the agency.

The new version of Social Security Fund Administrative Supervision Measures , which will be implemented on March 18, 2022, has added provisions on the handling of fictitious labor relations; Article 32 of it shall include fraud or forgery if an employer or individual commits one of the following acts. Anyone who defrauds social insurance benefits with certification materials or other means shall be handled in accordance with the provisions of Article 88 of the "Social Insurance Law of the People's Republic of China":

① By fabricating personal information, labor relations, forging, altering or stealing others can be used to prove Identity documents, providing false certification materials and other means to fabricate social insurance participation conditions, illegal payment, and defrauding social insurance benefits;

② defrauding social insurance benefits through false benefit qualification certification and other methods;

③ forging or altering personal files , labor ability appraisal conclusion and other means to handle retirement in violation of regulations, increase the deemed payment period in violation of regulations, and defraud basic pension insurance benefits;

④ Conduct work-related injury identification or labor ability appraisal by falsely reporting work-related injuries, forging or altering certification materials, or providing Falsifying work-related injury identification conclusions and work ability appraisal conclusions to defraud work-related injury insurance benefits;

⑤ defrauding work-related injury insurance benefits by forging or altering medical information, bills, etc., or falsely using the identity of a work-injured person to seek medical treatment or equipping with assistive devices;

⑥ other fraud , forging certification materials and other means to defraud social insurance benefits.

Consequences: In accordance with the provisions of Article 88 of the "Social Insurance Law of the People's Republic of China", the social insurance administrative department shall order the return of the fraudulently obtained social insurance funds and impose a fine of not less than two times but not more than five times the amount of the fraudulent amount.

In addition, in the latest version , the Supreme People's Court's interpretation on the application of the "Civil Procedure Law of the People's Republic of China" contains Article 54; when engaging in civil activities in the form of affiliation, the parties request that the affiliate and the affiliated person bear civil liability in accordance with the law. , the affiliated party and the affiliated party shall be co-litigants.

reminds: Companies that provide social security services for others should pay attention in the future. The state will focus on inspections and severely crack down on this behavior. After starting a company, you will have to reject requests from relatives and friends for affiliation; companies that used to have the business of paying social security on behalf of affiliates now have to consider the risk of breaking the law.

Some data sources:

Ministry of Human Resources and Social Security official website

http://www.mohrss.gov.cn/xxgk2020/gzk/gz/202202/t20220221_436454.html

National Laws and Regulations Database WeChat applet