What company pays five insurances and one gold?

It is illegal to represent five insurances and one gold, and it is illegal to defraud insurance money through fictitious labor relations. The relevant administrative organs of social security will conduct relevant inspections and audits, and we must not take any chances. Once found, they will be punished by law.

Legal analysis

Five insurances and one gold refer to social insurance and a provident fund. "Five insurances" include endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. One gold refers to the housing accumulation fund. Among them, endowment insurance, medical insurance and unemployment insurance are premiums paid by enterprises and individuals; Industrial and commercial insurance and maternity insurance are entirely borne by enterprises, and individuals do not need to pay. Employees only need to pay three insurances and one gold, that is, provident fund and pension, medical care and unemployment insurance. The payment base is calculated according to the average monthly salary of employees in the previous year. It should be noted that five risks are legal, but one gold is not. Anyone who is found to have defrauded insurance money shall be required by the administrative department of social insurance to return the defrauded insurance money, and a fine of more than 2 times and less than 5 times the amount defrauded shall be imposed.

Those who cheat a large amount of insurance money will also be suspected of violating the relevant provisions of Article 198th of the Criminal Law of People's Republic of China (PRC). China's criminal law, that is, the relevant interpretation, has clearly stipulated the act of defrauding social security benefits by fraud, forgery of proof materials or other means, and criminal acts will be punished by the criminal law.

legal ground

Article 88 of the Social Insurance Law of People's Republic of China (PRC) defrauds social insurance benefits by fraud, forgery of certification materials or other means, and the social insurance administrative department shall order it to return the defrauded social insurance benefits and impose a fine of more than two times and less than five times the amount defrauded.

Article 198 of the Criminal Law of People's Republic of China (PRC) commits insurance fraud under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan or his property shall be confiscated: (1) The applicant intentionally fabricates the subject matter of insurance to defraud the insurance money; (2) The applicant, the insured or the beneficiary fabricates false reasons or exaggerates the loss of the insured accident to defraud the insurance money. (3) The applicant, the insured or the beneficiary fabricates an insurance accident that has never happened to defraud the insurance money; (4) The applicant or the insured intentionally causes an insurance accident that causes property losses and defrauds the insurance money; (5) The applicant or beneficiary intentionally causes the death, disability or illness of the insured to defraud the insurance money. Whoever commits the acts listed in Items 4 and 5 of the preceding paragraph, which constitutes other crimes, shall be punished in accordance with the provisions of combined punishment for several crimes. If a unit commits the crime mentioned in the first paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years. If an expert witness or property expert of an insurance accident intentionally provides false documents to provide conditions for others to cheat, he shall be punished as an accomplice in the crime of insurance fraud.