Reporter's survey found that the "Administrative Supervision Measures for Social Insurance Funds" has been implemented for nearly half a year
Some institutions still illegally provide social security payment services
● The problem of social security payment has a long history. Social security is linked to the territory, household registration, and labor relations. These requirements will inevitably lead to difficulties in the transfer and continuation of social security relationships, resulting in the interruption of social security payments. social security relationship
● After the implementation of the "Administrative Supervision Measures for Social Insurance Funds", the social security payment service is clearly defined as social security fraud, and if the circumstances are serious, criminal responsibility may be investigated.
Individuals obtain opportunities to participate in social security through "affiliation", which is not only illegal, but also faces multiple risks
● The way to solve the chaos of social security payment is to, on the one hand, strip off other social governance functions attached to social security and restore the system function of social security itself; Local participation in social security opens the door to convenience
□ Our reporter Chen Lei
□ Jiang Jiayi, an intern of our newspaper
Liang Liang, 35, is hesitating whether to transfer his social security from a friend's company to a flexible employee, or to find a job and transfer his social security directly to a new company.
Liang Liang is a native of Hubei. After graduating from university, he worked in a state-owned enterprise in Beijing and obtained a Beijing hukou.
In 2015, she chose to be a stay-at-home mother in order to take care of her children, but faced difficulties in maintaining her social security payment record.
After many inquiries, she transferred the social security to a friend's company, and the other party paid her social security, and she transferred the social security premium on time.
Things started to change in April this year.
A friend told her that the state has introduced new regulations, and the company can no longer pay social security for her, so she can find a way on her own.
The new regulations are the "Measures for the Administrative Supervision of Social Insurance Funds" (hereinafter referred to as the "Measures"), which came into effect on March 18 this year.
The "Measures" stipulate that it is suspected of illegality for employers and individuals to defraud social insurance benefits by falsifying personal information, labor relations, fraudulently, forging certification materials or other means.
However, a reporter from the "Rules of Law Daily" recently investigated and found that since the implementation of the "Measures" for more than five months, there are still many people like Liang Liang who have no choice but to pay social security due to rigid needs, and there are still some institutions to individuals without labor relations. Provide social security payment service.
How should the social security payment service be characterized?
Where is its danger?
And why is it so persistent?
There is no labor relationship between the individual and the unit
Social security payment service suspected of illegal
In order to solve the problem of social security payment, Liang Liang asked friends and got two options: flexible employment with household registration can participate in the basic pension insurance for enterprise employees as an individual, and she can transfer the social security relationship from the company to participate in pension insurance as an individual ; Or return to the workplace and transfer the social security relationship directly to the new company after finding a job.
Liang Liang wants to return to the workplace, but the reality is that she has been looking for a job since May this year, and so far there is no suitable position.
"If it really doesn't work, let's go to the street to pay social security first." Liang Liang thought to himself.
A fellow villager in a similar situation to her has already gone through the insurance procedures at the street social security office in May this year.
Different from Liang Liang, Zhang Yue, who lives in Beijing but has no household registration, chose an Internet platform to pay social security on his behalf after resigning to ensure that the social security payment records "continuously fall".
Zhang Yue is 29 years old this year. After graduating from college, she entered a large Internet company and decided to resign after working for 4 years.
At that time, she didn't think about her future career plan, and she didn't want to lose her qualification to buy a house soon (Beijing stipulates that non-Beijing residents must have a 5-year continuous social security payment record to buy a house). After consultation, she chose the social security payment service.
She contacted an online social security payment platform through an online store of a certain platform, and chose the "payment of five insurance + provident fund" service. In addition to paying the social security fee and provident fund fee by herself, she also needs to pay an additional service fee of more than 100 yuan per month.
According to the minimum payment base, the monthly fee is about 2,000 yuan at the beginning, and then the policy is adjusted, and the monthly fee is about 2,400 yuan.
"Every time the payment is completed, the customer service will send a screenshot of the entry system in the background, which can be inquired on the official website of Beijing Social Security/ Provident Fund the following month." Zhang Yue told reporters.
With neither a Beijing household registration nor a fixed job, Li Yang, who is 30 years old and settled in Beijing, has also paid social security for more than three years through this online social security payment platform.
"Just don't break the social security payment record, you need to buy a car or anything." Li Yang said, "If you can participate in social insurance in Beijing, who will spend the intermediary fee to pay the social security on your behalf?"
There are not a few people who feel as helpless as Li Yang.
When the reporter recently searched for social security payment entries on an online platform, he found that many netizens expressed such emotions.
This situation is not limited to Beijing. In many places, flexible employees without local household registration and labor relations cannot participate in local social security.
Yang Baoquan, a senior partner at Beijing Zhongyin Law Firm, said that at present, social security payments in many places are linked to other public policies, including buying a car, buying a house, and enrolling children.
In the past few years, many people who are flexibly employed or temporarily unemployed in different places have obtained various qualifications through social security payment services, which has spawned a market for social security payment services.
In his view, this group obtained payment records through the social security payment service, but did not establish a real labor relationship with the employer. This practice is suspected of being illegal.
Guo Zheng, a partner at Beijing Tianchi Juntai Law Firm, said that especially after the implementation of the "Measures", the social security payment service is clearly defined as social security fraud, and if the circumstances are serious, criminal responsibility may be investigated.
Social security payment faces multiple risks
Most insureds have no choice but to
However, nearly half a year after the implementation of the Measures, many institutions still provide social security payment services.
The reporter recently entered the keyword "social security payment" in the search engine and found that there are many institutions that provide social security payment services. For example, a national social security payment service platform claims that it can provide social security payment, social security supplementary payment, social security agency, and provident fund payment. , five insurances and one housing fund agency and other services, providing social security services for freelancers, full-time mothers, resignation transition, and unemployed.
According to the information provided by Zhang Yue, the reporter logged on to the online social security payment platform he used on September 1, and found that in the center of the page was a line of large characters "Online Self-service Payment of Social Security Provident Fund", and a line of small characters "deeply cultivated in the field of social security for more than 10 years" and "formal" in the center of the page. Qualifications are guaranteed” etc.
It claims to be able to provide services such as "social security payment, social security supplementary payment, social security affiliation, and social security agency".
Under the post about "social security payment" on an online platform, reporters will follow the thread to inquire about related businesses, and will receive "detailed" private messages from some payment companies.
The reporter chose one of the coordinates in Beijing Human Resource Consultant Co., Ltd. for consultation. The other party sent two social insurance base numbers and specific fee charts. The first chart includes the upper and lower limits of the five insurances, the ratio of unit payment to individual payment, and the final subtotal The payment amount, the second picture includes the service fee of provident fund, social security and personal tax.
The remarks are the amount from July 2022 to June 2023.
"Normal office workers need to sign contracts, pay wages, and pay social security. The social security payment on behalf of you is to take care of your social security relationship, which is equivalent to when you work in the company, and the company pays you social security." The relevant person in charge of the above-mentioned company told reporters, As long as there is no dispute between the company and the handler, no one will check if you don't report it. "The social security agency will only check whether you have paid social security to determine whether you work in this company. So many companies in Beijing will not check one by one. , unless a dispute arises.”
The reporter learned that to handle social security payment in this company, you only need to send personal information such as ID number and phone number to the company, and transfer the fee to the company account through personal mobile banking every month.
The reporter contacted a social security payment company in Changsha City, Hunan Province. The other party's answer was similar to that of the Beijing company, and it also insisted that "there is no risk".
In Yang Baoquan's view, according to the labor law, one must be an employee of the employer and establish a labor relationship with the employer before he can participate in social insurance in the employer.
If the two parties do not establish a labor contract relationship, individuals only get the opportunity to participate in social security through "affiliation", which is not only illegal, but also brings multiple risks to the insured.
"Individuals who choose to pay social insurance must first pay the fee to the payment agency on a regular basis. If the payment agency fails to pay the social security on time, it is likely to cause the payment to be cut off and affect the enjoyment of social security benefits. What's more, if the payment company misappropriates the social security benefits. Funds or 'run away', the entrusted individuals will suffer losses." Yang Baoquan said.
Guo Zheng pointed out that because the social security payment needs to obtain the relevant information of the insured, workers may also face the risk of personal information leakage.
The interviewed experts agreed that according to the provisions of the Interim Measures for the Management of the List of Seriously Untrustworthy Persons in the Social Insurance Field, social insurance payment is a social security fraud. Once verified, the individual will be included in the list of seriously untrustworthy persons in social insurance.
In the process of handling social security payment, if the circumstances are serious, criminal liability may be involved.
According to the law, participating in or declaring social insurance and defrauding social insurance fund expenditures or social insurance benefits by fraud, forging certification materials or other means is an act of defrauding public and private property as stipulated in the Criminal Law.
If the amount is particularly huge or the circumstances are particularly serious, the penalty shall be fixed-term imprisonment of not less than 10 years or life imprisonment and a fine or confiscation of property.
In this case, why does the phenomenon of social security payment still exist?
Guo Zheng analyzed that behind the existence of social security payment, it is mainly due to the high degree of bundling of labor relations and social security relations in my country. In addition, there are also factors such as the spontaneous demand of workers to pay social security in different places.
Yang Baoquan believes that there is a legal and reasonable conflict in the payment of social security.
In the long run, breaking the household registration restrictions and providing insurance channels for people with flexible employment can not only "draw the bottom line" of social security payments, but also protect their legitimate rights and interests.
Designing the social security system according to the actual situation of the insured should be the direction of the future social security system reform.
According to Wang Tianyu, deputy director of the Social Law Office of the Law Institute of the Chinese Academy of Social Sciences, the problem of social security payment has a long history. Social security is linked to the territory, household registration, and labor relations. These requirements will inevitably lead to difficulties in the transfer of social security relations. , causing the social security payment to be cut off, some people will continue the social security relationship through social security payment.
In addition, social security also bears additional social governance functions.
"From the perspective of insurance types, the backbone of social insurance is endowment insurance and medical insurance, of which endowment insurance accounts for the largest share. The essence of social insurance is to form a social community and share the burdens faced by every member of society according to the law of large numbers. Social risks. But because social security bears additional social functions, all kinds of chaos around social security have arisen." Wang Tianyu said.
Restoring the function of the social security system itself
Cancellation of social security household registration restrictions
In fact, steps have been taken to loosen household registration and social security.
On May 1, 2021, the "Guangdong Province Flexible Employment Persons Participating in Basic Endowment Insurance for Enterprise Employees" came into effect, completely canceling the household registration threshold for flexible employment personnel, and flexible employment personnel with household registration in other provinces can present their valid ID documents and employment registration in Guangdong Province. Proof of being insured at the place of employment.
In September of the same year, the Anhui Provincial Department of Human Resources and Social Security, the Anhui Provincial Department of Finance, and the Anhui Provincial Taxation Bureau of the State Administration of Taxation issued a notice that flexible employees working in Anhui Province, in addition to participating in insurance in the place of residence, can also choose to work in Participate in the basic endowment insurance for enterprise employees in the place of residence or place of residence.
On December 1 of the same year, the "Zhejiang Province Implementation Measures for Safeguarding Labor Security Rights and Interests of New Employment Forms" was implemented, and flexible employment personnel participated in the basic pension and basic medical insurance for employees in the place of employment, and were not subject to household registration restrictions.
Yang Baoquan believes that the emergence of the phenomenon of social security payment is not only driven by the subjective will of individuals to seek personal interests, but also the objective result of insufficient basic public services. The insurance system, especially the abolition of household registration restrictions, is convenient for people with flexible employment to participate in insurance.
"For those who have chosen to pay social insurance, rectification and diversion should be made within a time limit. Among them, those who are eligible to participate in the insurance as individuals should be guided to apply for flexible employment to the local agency. For the social insurance rights and interests formed through social security payment, it is not appropriate" It is completely wiped out across the board." Yang Baoquan said.
Guo Zheng's suggestion is that for employers, the current state strictly controls social security payment and other behaviors. From the perspective of legal compliance of enterprises, employers should ensure the consistency of labor relations and social insurance relations, and refuse social security payment. Wait.
For individuals, they can participate in the basic pension insurance for urban enterprise employees through the status of flexible employment personnel, and go through the formalities for participating in the insurance payment through official channels.
In Wang Tianyu's view, one of the ways to solve the problem is to promote the national co-ordination of social insurance as soon as possible, especially the two largest insurance types, pension and medical care. Connect, get through the "blocking points" of the employment and flexible employment social security system of standard labor relations, and handle social security business through the national social insurance public service platform.
"In addition, can you strip off other social governance functions attached to social security, especially like buying a house, buying a car, and children's schooling, etc., and restore the system function of social security itself, so as to avoid some people trying their best to create labor relations for these purposes and enter the social security system. "Wang Tianyu said.
According to Wang Tianyu's observation, at present, the punishment for illegal acts in the field of social security is too light.
"These illegal acts directly infringe on the interests of the entire social community and cause great harm. Punishment should be increased in accordance with the law. In particular, social security violations involving huge amounts and serious circumstances should be included in the scope of criminal punishment."
(Liang Liang, Zhang Yue, and Li Yang are all pseudonyms in the text)