Securities Times reporter Pan Yurong
People have resigned, but social security cannot be stopped, what should I do?
The first reaction of many people is to find a company to pay for it.
Social security has been linked to business for a long time.
From March 18 this year, the "Administrative Supervision Measures for Social Insurance Funds" came into effect, which once again clarified that social security affiliation is a violation of laws and regulations.
Ending social security affiliation requires a combination of dredging and blocking, and Shenzhen, Guangdong has already taken a heavy punch.
Behind the payment is a fictitious labor relationship
"For out-of-town social security, leave it to 'Ant Social Security', a regular personal social security agent, with full qualifications, mobile phone operation, without leaving home, and no longer afraid of missing payments!"
Searching for "social security payment" on Baidu, similar advertisements occupy the first page of the entry.
The reporter called the company called "Ant Social Security", and the customer service staff said that the company can pay the reporter's employee social security, that is, "five insurances", by linking the reporter's insurance information to the company's name.
Asked if there is any risk in this operation, the other party said, "The Social Security Bureau does not control this (payment on behalf of others) so strictly, and the accumulation period of normal payment is acceptable."
In the name of "social security payment", Ant Social Security actually operates a social security affiliate.
The so-called social security affiliation refers to the behavior that the affiliated enterprise pays social security for workers who have no labor relationship in fact, and collects fees from it.
my country's Social Insurance Law stipulates that the employee's insured unit should be consistent with the employer. The practice of social security affiliation breaks through this constraint. Behind it, it is also suspected of illegal operations such as forging materials and fictitious labor relations.
Tianyancha shows that the above-mentioned Ant Social Security, which is known as 1.2 million customers providing online social security payment, is operated by Wuhan Micro Ant Enterprise Service Co., Ltd., traced upwards, and the shareholder is Shanghai Weipin Information Technology Co., Ltd. (hereinafter referred to as "Shanghai Wepin"). , the actual controller Li Yang.
Taking Shanghai Weipin as the main body, 17 company clusters can be traced up and down in series. Most of these affiliated companies have the word "ant", such as Shanghai Weiyi, Shanghai Guanyi, Hangzhou Yiyi, Beijing Yizhong, Shenzhen Yizhong, etc. , the actual controller is mostly Li Yang, and the registered places are distributed in Beijing, Shanghai, Guangzhou, Shenzhen and some provincial capital cities.
It is worth noting that in March this year, one of the above-mentioned companies, Shenzhen Yizhong Enterprise Management Consulting Co., Ltd., was fined by the Shenzhen Municipal Social Security Bureau because "the employer has committed fraud, falsified certification materials or other means as a Persons without labor relations go through the formalities for pension insurance and unemployment insurance.”
A cat-and-mouse game of anchoring and inspection
The business scope of the Shanghai Weipin company cluster includes labor dispatch, employment agency, human resources services, information technology consulting services and other categories.
It is relying on these businesses that Ant Social Security has completed the action of anchoring.
Linking personal insurance information to labor-intensive enterprises such as labor dispatch companies and employment agencies, it is difficult for the Social Security Bureau to verify the true labor relations one by one during inspections, which leaves some opportunities for some enterprises to operate social security links. machine.
The reporter saw on the official website of the local social security bureau that there are public announcements of penalties for affiliating with social security companies, but the number of affiliations detected is not large, and the fines are limited.
This means that for companies that operate social security affiliates, the cost of being found out is disproportionate to the benefits.
In order to increase the inspection force, in recent years, some local social security bureaus have used big data platforms to compare information and focus on some suspicious companies.
Enterprises with labor disputes, enterprises with a low base for declaration and payment, and most of them online, may be included in the inspection scope.
In order to "catch the mouse", a certain first-tier city also stipulated in 2020 that labor dispatch and human resources service agencies need to fill in some labor contract-related information when handling new employee insurance registration or adding employees. This regulation is intended to unify social insurance payment. The main body and the main body of labor contract performance, to prevent the behavior of social insurance payment.
Social security affiliation has always been a method that is not officially recognized.
The reporter called the social security bureau in many places and was told that the social security affiliation was illegal and that many rights and interests could not be guaranteed.
However, on the Internet, social security payment companies mislead and make edge balls through advertisements, making people mistakenly think that social security payment is a policy business.
These advertisements emphasize information such as "personal social security payment", "resignation transition" and "freelancers" in conspicuous places, and are intended to attract individuals who temporarily do not meet the conditions for participating in the insurance and want to find a company to rely on social security.
At one time, advertisements to solicit social security affiliated customers flooded the Internet, and some companies even listed their business on e-commerce platforms such as Taobao.
In July 2021, in the new version of "Taobao Platform Prohibited Information Management Rules" released by Taobao.com, the agency business of "social security affiliation" was added to the "unsuitable" service catalog.
Subsequently, Taobao removed all social security related businesses from the shelves.
However, on Baidu, 360 search, and 58.com pages, there are still many advertisements for social security payment.
It is understood that the Guangdong Human Resources and Social Security Department has requested all operating human resource service agencies, labor dispatch companies and other relevant units within its jurisdiction to conduct self-inspection on violations, stop publishing illegal advertisements, and call on Internet information service providers to make up for intermediary agents. The content of social security premium information has been strengthened.
Attached to the social security, there is a thunder buried under it
During the investigation, the reporter found that although the insured paid the "five insurances" through the affiliated company, they could not fully enjoy the social security benefits, such as maternity allowance, work-related injury insurance, and unemployment insurance.
This is not the practice of a certain payment company, but an unspoken rule of the whole industry.
The customer service staff of Ant Social Security stated that maternity allowances and other items belong to employee welfare business. When applying to the Social Security Bureau, the employer needs to provide proof materials. Ant Social Security and individuals do not have a real labor relationship, so they cannot assist individuals.
"If the welfare business is handled, it will be inspected by the Social Security Bureau."
Obviously, for intermediary companies, relying on social security is only illegal to participate in insurance, while applying for treatment is an active insurance fraud, which may be characterized as fraud, and the circumstances are much more serious.
Recently, Li Yangwu, deputy director of Shenzhen Social Security Bureau, made a detailed interpretation of why social security affiliates violated laws and regulations at the "Social Security Discussion" event.
From March 18 this year, the "Administrative Supervision Measures for Social Insurance Funds" came into effect. Article 32 stipulates that employers and individuals falsify social insurance participation conditions by falsifying personal information, labor relations, and providing false certification materials. . Compensation in violation of regulations and defrauding social insurance benefits shall be dealt with in accordance with the provisions of Article 88 of the Social Insurance Law of the People's Republic of China.
Article 88 of the "Social Insurance Law of the People's Republic of China" stipulates: "If the social insurance benefits are obtained fraudulently by fraud, forged certification materials or other means, the social insurance administrative department shall order it to return the fraudulently obtained social insurance funds, and impose a fine of more than two times the fraudulently obtained amount. Five Article 94 stipulates: “Where a violation of the provisions of this Law constitutes a crime, criminal responsibility shall be investigated according to law.”
Li Yangwu said, "The insured unit fabricated labor relations to apply for insurance for those who did not meet the conditions, which is a social security fraud. This move will be punished, and if the circumstances are serious, criminal responsibility may be investigated according to law."
Once the affiliated company is investigated, the affiliated individual also faces risks and losses.
Regardless of whether the year of payment does not count, or is listed on the list of dishonest persons, if you have entered the stage of receiving benefits, and the benefits and penalties are recovered, the gains will outweigh the losses.
According to Li Yangwu, this year, Shenzhen's social security department is focusing on a special campaign for defrauding social insurance to conduct risk investigations on the management of social security funds across the city.
The Shenzhen Social Security Bureau said in a reply to an interview with a Securities Times reporter that the bureau has stepped up its daily supervision this year. For daily complaints and reports, one case is found and one case is investigated.
In addition, the bureau has also established a long-term mechanism for cracking down on social security fraud and crimes with the public security department, and jointly cracked down on social security fraud and crimes.
Guangdong is also in action.
From April to December this year, the Guangdong Provincial Department of Human Resources and Social Security launched a special campaign to crack down on the issue of illegal insurance and supplementary payments across the province, focusing on eight major violations, including illegally applying for insurance through fictitious labor relations and forged certification materials. and payment of social insurance premiums.
Block the side door, open the front door
Although social security affiliation may lead to damage to personal interests, there is still a market, and the reasons are worth considering.
In the past few years, individuals can only participate in the insurance as an employee. If they do not find a company to pay for it, they can only go back to the place of their household registration to participate in the insurance.
Although flexible employment is allowed to participate in insurance as an individual in various places, it is only for the household registration population. There is no good solution to the social security problem of foreign builders, so many people know that social security is not desirable, and there is no other way.
However, since 2021, eight departments including the Ministry of Human Resources and Social Security have jointly promoted the liberalization of household registration restrictions for people with flexible employment to apply for social security.
As a result, the foundation of social security has been shaken.
In July 2021, the eight departments jointly issued the "Guiding Opinions on Safeguarding Labor Security Rights and Interests of Laborers in New Employment Forms", clarifying that laborers in new employment forms can participate in basic pension insurance for employees as flexible employees, and can also participate in basic pension insurance for urban and rural residents. Pension.
The "Opinions" specifically propose that the restrictions on household registration should be lifted, and flexible employment personnel who have not participated in the employee endowment insurance should be organized to participate in the basic endowment insurance for urban and rural residents in accordance with regulations, so as to ensure that they are fully covered.
The "Opinions" received positive responses from all over the country.
Since the second half of 2021, human resources and social security departments in Guangdong, Anhui, Henan, Zhejiang, Jiangsu and other places have successively issued policies for people with flexible employment to purchase social security in the place of employment.
Take Shenzhen, which has a large foreign population, as an example.
From August 2021, Shenzhen has gradually loosened the restrictions on the household registration of flexible employment personnel, and has successively launched individual insurance policies for non-Shenzhen household registration flexible employees to participate in pension, unemployment, and medical insurance.
In terms of the application process, flexible employment personnel can apply online, or they can go to the social security handling window to apply for the whole city.
How is the scope of flexible employment defined?
The reporter called many social security bureaus and learned that the written definitions are the same in various places, and there will be some differences in implementation, but the coverage is very wide, including all industry practitioners and freelancers, reflecting the principle of "guarantee as much as possible" .
For example, the 12333 hotline staff of Shenzhen Social Security Bureau replied to reporters that as long as people are in Shenzhen and have a workplace, they can apply for personal insurance in accordance with relevant regulations.
"Mobile phone stickers and workers who set up street stalls can do it."
turn from anchor
How far is self-insurance?
Under the influence of the epidemic, flexible employment has become a new employment "reservoir".
It has become a policy trend to liberalize the household registration restrictions for people with flexible employment to participate in insurance across the country.
However, it is not an easy task for those who have already found intermediary agencies for social security to be transferred to the personal insurance system of the Social Security Bureau.
The biggest obstacle is that flexible employment personnel participate in the insurance as individuals and need to bear the part paid by individuals and companies alone. For some flexible employment personnel with low income levels, it will be a large economic burden.
In order to reduce the social security burden of flexible employees, the state has a certain preference for individual participation in insurance.
For example, in terms of payment rate, flexible employment personnel participate in the basic pension insurance, and pay based on 40%~100% of the average salary of local employees. fund.
The basic endowment insurance payment ratio of enterprise employees is 16% of the wages paid by the unit, and 8% by individuals, for a total of 24%.
In contrast, the employee pension insurance paid by employees in the enterprise is 4 percentage points higher than the pension insurance rate paid by flexible employment status.
There is no difference between the two in terms of the calculation of benefits.
Will the preferential rates implemented by local governments to encourage flexible employment to participate in insurance will affect the enthusiasm of local governments to promote policies?
Will arbitrage or new unfairness be created?
Related issues have also attracted attention from all walks of life.
"The greater the number of people participating in insurance with flexible employment status in a region, the level of payment in that region may be lower," said Dong Dengxin, director of the Institute of Finance and Securities at Wuhan University of Science and Technology.
"In addition, the distribution of pensions needs to be subsidized by local finance. This means that the more flexible employment people are, the more local financial subsidies will be after retirement. It is not ruled out that the enthusiasm of the local government to relax the restrictions on household registration will be affected after the accounts are settled. ...especially in places with severely aging populations and high pressure on balance of payments, there will be more concerns."
Dong Dengxin believes that the insurance payment of flexible employment personnel should ultimately be consistent with the payment of enterprise employees to achieve equal payment.
"For flexible employees, an inclusive and open policy environment should be given, and the registration system should not be used to restrict them, so that they can enjoy the same social security treatment as local employees where they earn their professional income. This is their basic labor human rights. inalienable."
Although there are policy inclinations, it seems that the enthusiasm of flexible employment personnel to participate in insurance in an individual capacity still needs to be mobilized.
Take a city that took the lead in liberalizing household registration restrictions in the country as an example. As of the end of April, the proportion of individuals participating in basic pension insurance as individuals was less than 4%, of which less than 1% were non-household registration.
It can be seen that it will take time for relevant policies to be implemented, promoted and widely accepted.