New regulations on social insurance relationship

Ministry of Human Resources and Social Security released.

Measures for administrative supervision of social insurance funds

These Measures shall come into force as of March 6, 2022.

Measures to deal with fraudulent insurance and illegal compensation.

Illegal acts have been clearly defined.

0 1

Calling social security is illegal!

Paragraph 1 of Article 32 of the Measures stipulates that: units and individuals who fabricate personal information and labor relations, use forged, altered or stolen documents that others can use to prove their identity, provide false certification materials, and defraud social insurance benefits will be dealt with according to law!

That is to say, since March 18, 2022, it is an insurance fraud for a unit or individual to pay social security by forging or altering proof materials or fictional labor relations.

02

What are the situations linked to social security or fraudulent insurance?

Before the promulgation of the Measures, relying on social security was a large number of social phenomena, which were mainly divided into two situations in daily life, specifically:

1, the individual has no work unit and entrusts the company to pay social security due to living needs (such as paying social security, obtaining temporary residence permit, and obtaining the qualification to purchase houses).

2. In order to avoid labor relations or responsibilities, the employer entrusts a third-party company to pay social security.

03

What legal responsibilities does social security need to bear?

1, civil liability.

Article 88 of the Social Insurance Law of People's Republic of China (PRC): "Anyone who 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 impose a fine of more than 2 times and less than 5 times the defrauded amount."

2. Criminal responsibility.

Article 266 of the Criminal Law of People's Republic of China (PRC): "Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail. "

04

How can people without jobs pay social security in the future?

The author has come into contact with many people who pay social security, such as most people who want to enjoy social security benefits for employees. Such people can pay: flexible employment social security.

The social security of flexible employees is to protect the social security rights and interests of flexible employees, a special labor group. Social security includes medical insurance and endowment insurance, excluding industrial injury insurance, maternity insurance and unemployment insurance.

Apply for social insurance subsidies for flexible employment, I hold the relevant documents to prove the flexible employment status to the street (township) labor and social security service center where the household registration is located to identify flexible employment, fill in the flexible employment registration form, register employment after being identified by the street (township) labor and social security service center, and record the relevant information about flexible employment on the unemployment certificate.

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