Is it illegal for the unit to issue false labor contracts to pay back social insurance?

It is illegal for a unit to issue a false labor contract to pay back social insurance. Cheating social insurance benefits means that individuals who do not meet the conditions for enjoying social insurance benefits cheat social insurance benefits by fraud, forgery of certification materials or other means. Whoever defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and a fine of not less than two times but not more than five times the amount defrauded shall be imposed.

Legal analysis

According to the relevant regulations, the administrative department of social insurance shall order the refund of the social insurance money defrauded and impose a fine of more than two times and less than five times the amount defrauded. If a crime is constituted, criminal responsibility shall be investigated according to law. Social security payment refers to the interruption of social security payment for some reason and no payment in the middle months. Now, due to recruitment or other reasons, it is necessary to make up the part that has not been paid before, in order to obtain a complete social security period and ensure the normal identification of recruitment and settlement. Under normal circumstances, the general unit can only make up for two months. If it takes longer, it has to be operated through some agencies. Take defrauding pension as an example, its behavior is mainly manifested in forging identity certificates or using other people's identity certificates, forging and fabricating the file age of early retirement and the number of years of special jobs, forging and fabricating personnel files to increase the deemed payment period, forging and fabricating labor relations, wage statements and other supporting materials to pay pension insurance premiums, and forging and fabricating supporting documents to receive pension insurance benefits.

legal ground

Article 87 of the Social Insurance Law of People's Republic of China (PRC), if social insurance agencies, medical institutions, pharmaceutical trading units and other social insurance service institutions defraud social insurance fund expenditures by fraud, forgery of certification materials or other means, the social insurance administrative department shall order them to return the defrauded social insurance money and impose a fine of more than 2 times and less than 5 times the amount defrauded; If it belongs to a social insurance service institution, the service agreement shall be terminated; If the directly responsible person in charge and other directly responsible personnel are qualified, their qualifications shall be revoked according to law.