Does fictional labor relations constitute fraud by paying social security?

Yes, it is illegal to falsify labor relations to defraud insurance. It is illegal for employers and workers to defraud social security through fictitious labor relations. Social insurance is a social and economic system that provides income or compensation for those who lose their ability to work, are temporarily unemployed or suffer losses due to health reasons. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance.

First, fictional labor relations defraud social security.

Article 18 of the Labor Law clearly stipulates: "The following labor contracts are invalid:

(1) Labor contract that violates laws and administrative regulations;

(2) Labor contracts concluded by fraud or threat; Invalid labor contracts are not legally binding from the time they are concluded. "

Employees' previous work experience is the reference condition for enterprises to hire employees. Enterprises decided to hire employees because of their previous experience as sales executives in many enterprises. However, if the labor contract signed by the employee is signed by deception, the enterprise can make a decision to terminate the contract, because the employee has no experience in holding relevant positions in multiple enterprises. Fictitious labor relations to defraud social security benefits is an illegal act to defraud unit property.

In real life, many people cheat social security in order to obtain this fictitious labor relationship. Once there is a problem, not only should the employer bear the losses, but also the employer should bear the corresponding responsibilities. The social security system should be the social welfare to protect the vulnerable groups. While enjoying social welfare, we should also consciously safeguard this system.

Second, the definition of social security

The social insurance plan is organized by the government, forcing a certain group to use part of its income as social insurance tax (fee) to form a social insurance fund. Under certain conditions, the insured can get fixed income or loss compensation from the fund. It is a redistribution system, and its goal is to ensure the reproduction of material and labor and social stability.

In China, social insurance is an important part of the social security system, occupying a core position in the whole social security system. In addition, social insurance is a contributory social security. The funds are mainly paid by employers and workers themselves, and the government finances give subsidies and bear the ultimate responsibility. However, workers can only enjoy the corresponding social insurance benefits if they fulfill their statutory payment obligations and meet the statutory conditions. The objective basis of social insurance is the risks existing in the labor field, and the object of insurance is that the personal insurance coverage of workers is limited to employees, excluding other social members. The insurance coverage is limited to all kinds of risks in labor risks, excluding other risks such as property and economy. It should be noted that social security is only applicable to workers, so there have been cases of using fictitious labor relations to defraud social security.

Legal basis: 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 especially 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.