Social security is forbidden to pay.

A number of regulations prohibit the payment and "seizure" of social security. Some flexible employees are difficult to participate in insurance at work due to household registration restrictions, and they have to "hook" social security because of practical needs such as buying a house, buying a car, and sending their children to school. Experts suggest that household registration restrictions should be gradually liberalized, the payment rate and base should be appropriately reduced, and the enthusiasm of flexible employees to participate in insurance should be improved.

"After the implementation of the new regulations, we will strictly check the' affiliated' social security and get a reward of 65,438+10,000 yuan." Huang, a copywriter in Beijing, was a little "shivering" when he saw this news. Because there is no fixed unit and no freedom to "take over the job", this "affiliated" way is adopted to pay social security to an institution.

The news we are concerned about is the Administrative Measures on Supervision and Reporting of Social Insurance Funds, which was implemented this year, to further encourage the public to report social security violations. Prior to this, the Measures for Administrative Supervision of Social Insurance Funds, which came into effect in March last year, made it clear that it was suspected to be illegal for employers and individuals to fabricate personal information and labor relations and forge certification materials to defraud social security benefits.

A survey by the Workers' Daily reporter found that under the background of a number of regulations drawing the "red line" of social security, there are still some flexible employees who can't participate in insurance at their workplaces due to household registration restrictions and choose to "hook" social security. After the "stop", how do they get social security at their workplace and how do they solve their social security needs? These issues have attracted much attention.

Have to "link" according to actual needs.

According to the Social Insurance Law, the payment of social insurance for urban employees is based on labor relations, and employers and employees pay the same fees. Flexible employees can participate in endowment insurance and medical insurance, and all the contributions are borne by individuals.

Taking Beijing as an example, in 2022, the lower limit of the monthly social security payment base for enterprise employees will be 5,869 yuan, the individual contribution of urban employees will be about 6 19 yuan, and the unit contribution will be about 1556 yuan, or about 2 175 yuan. When participating in the insurance as a flexible employee, according to the same payment base of 5,869 yuan, the individual needs to bear various social security expenses of about 1.753 yuan per month.

Comparatively speaking, flexible employees "attach" to social security, that is, they participate in social security for urban workers, and individuals have to bear the full share of individual and unit contributions. Only paying the fee will cost more than 400 yuan than enrolling as a flexible employee, and it will also pay the service fee to the institution.

At present, it costs about 2300 yuan to "link" social security every month, which she calls a helpless move. I have been paying social security for 4 years in Beijing, but I have no Beijing household registration. "If you don't call, you can only go back to your hometown to join the insurance. In Beijing, even paying social security for five years is eligible to buy a car and house. I will be qualified after another year, which is not worthwhile. "

At present, some areas have opened insurance channels for flexible employees, but only for registered population. For flexible employees with non-local household registration, they need to meet the requirements of social security payment for a certain number of years in order to obtain qualifications such as buying a house, buying a car and sending their children to school. Therefore, some flexible employees have to adopt this method based on actual needs, although they know that "linking" social security is costly and undesirable.

In contrast, 37-year-old Beijingers do business in partnership with friends and "attach" social security to their friends' companies. "Your own registered company has to file tax returns, annual review, etc. Every year. Convenient' link' can also be used as an expedient measure for transition. "

Part of the reason behind the phenomenon of social security payment is that the gap between urban and rural residents and urban workers' pension insurance benefits is too large. According to the data of Ministry of Human Resources and Social Security, the monthly per capita pension of enterprise retirees in 202 1 year was 2987 yuan, while the monthly per capita pension of urban and rural residents in the same period was only 179 yuan, the former was 16.7 times that of the latter. Some rural residents choose to "attach" to social security in order to obtain higher retirement benefits.

"Affiliation" is risky and it is difficult to protect rights and interests.

Many "affiliated" social security personnel only know that this behavior is not desirable and do not understand the legal risks behind it.

Some lawyers pointed out that the Social Insurance Law stipulates that the insured units of workers should be consistent with the employing units. "Hooking" social security means that the insured unit handles insurance for unqualified personnel, suspected of forging materials, fictional labor relations and other illegal operations, which are social security fraud and will be punished.

A case published by the Chaoyang District People's Court in Beijing shows that a company fabricated labor relations, paid maternity insurance for 36 pregnant women who did not have the conditions to participate in the insurance, and defrauded maternity allowance of more than 980,000 yuan, and finally 8 people were sentenced.

At present, many human and social departments have issued a document reminding that it is illegal to participate in insurance by means of "hook" payment, and even face multiple risks such as paying company money to run away, personal property being damaged, information leaking, and affecting personal credit information.

The reporter learned that since the implementation of the Measures for Administrative Supervision of Social Insurance Funds in March last year, under the investigation of relevant departments, it is difficult for many social security remittance companies to forge labor relations for declaration. Huang found that since last year, the number of institutions engaged in social security payment business has been greatly reduced, and some related businesses have been cancelled.

In fact, even if you find an institution to "link" and pay social security, it is more difficult to enjoy relevant treatment. Recently, the reporter contacted an institution engaged in remittance business as an insured. The agency's customer service clearly stated: "Our company can't handle unemployment benefits, hospitalization, maternity allowance, industrial injury insurance reimbursement, etc. And women can't' call' during pregnancy or maternity leave. Large or frequent use of medical insurance during the insurance period is suspected of false insurance, and legal responsibility will be investigated, and the consequences will be borne by the insured. "

"The Measures for Administrative Supervision of Social Insurance Funds draws a' red line' for social security violations, including payment, and strengthens the standardization of social security payment and administrative supervision of social security funds. This shows that the government pays more and more attention to the standardized management of social security funds, and the cost of social security fraud and illegal operation will be higher and higher in the future.

It is recommended to gradually liberalize the household registration restrictions.

At present, there are about 200 million flexible employees in China. How to better meet the needs of these groups to participate in old-age insurance and medical insurance at work has become a hot spot of widespread concern in society.

Ministry of Human Resources and Social Security and other eight departments jointly promoted the liberalization of household registration restrictions for flexible employees to participate in pension and medical insurance in their places of employment, and pointed out that it is difficult for individual megacities to reach the designated position in one step, and it is necessary to actively create conditions for gradual liberalization.

Flexible employees with household registration in other provinces and cities who are employed in Shanghai can pay basic pension and medical insurance premiums on a monthly basis after registering for employment or social security. According to statistics, Shanghai, Guangdong, Shenzhen, Anhui, Henan, Zhejiang, Jiangsu and other places have successively introduced policies for flexible employees to participate in insurance in their places of employment.

"At present, there is regional imbalance in the development of China, and first-tier cities are facing' big city disease'. If the household registration restrictions are directly abolished, the transfer and continuation of social security, the cross-regional adjustment of social security funds, and the resulting further imbalance in population flow will be difficult to solve. " In Xue Huiyuan's view, it is the general trend to fully liberalize the household registration restrictions for participating in the insurance, and we should adopt the method of easy first, difficult later, step by step and gradual realization.

It is suggested that the basic old-age insurance fund for urban workers should be co-ordinated and supported nationwide as soon as possible, and at the same time, the national co-ordination information system for old-age insurance and the national unified social insurance service platform should be improved, so as to realize the national networking and inter-provincial "first-line operation" of social insurance and improve the convenience and portability of flexible employees.

"The scale of flexible employees is constantly expanding. This group has flexible employment methods, low entry barriers, unstable income and frequent workplace changes. " We can appropriately reduce the premium rate and payment base of flexible employees, reduce the payment burden of this group, and improve their enthusiasm for insurance.