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Recently, a number of regulations strictly prohibit payment and "affiliation" of social security. Some flexible workers find it difficult to participate in insurance at the workplace due to household registration restrictions, and are forced to "affiliate" social security due to practical needs such as buying a house, buying a car, and going to school for their children. Experts suggest that the restrictions on household registration should be gradually relaxed, and the contribution rate and base should be appropriately reduced, so as to increase the enthusiasm of flexible employment personnel to participate in insurance.

"From May 5, the new regulations will be implemented, and then strictly investigate the 'affiliated' social security, and a reward of 1,10 yuan will be awarded for reporting." Recently, when Huang Xi, who is engaged in copywriting in Beijing, brushed this news, he was a little "shivering". Since there is no fixed unit and freedom to "take over work", Huang Xi adopted this "affiliation" method and handed over social security to an institution to pay on his behalf.

The news that Huang Xi was concerned about was the "Measures for the Administration of Social Insurance Fund Supervision and Reporting Work" implemented in May this year, which further encouraged the public to report social insurance violations and violations. Prior to this, the Measures for the Administrative Supervision of Social Insurance Funds, which came into effect in March last year, made it clear that employers and individuals who fraudulently obtained social security benefits by fabricating personal information and labor relations by fraud or forging supporting materials were suspected of breaking the law.

The reporter of "Workers' Daily" investigated and learned that in the context of a number of regulations to draw a "red line" for social security "affiliation", there are still some flexible employees who are restricted by household registration and cannot participate in insurance at the workplace, and choose to "affiliate" social security. After the "affiliation" is stopped, how can they apply for social security at the workplace, and how can they solve their social security needs? These issues have attracted much attention.

Based on real needs have to be "affiliated"

According to the Social Insurance Law, the payment of social insurance for urban employees is based on labor relations and is jointly paid by the employer and the employee. Flexibly employed persons can participate in pension insurance and medical insurance, and the contributions are all borne by the individual.

Taking Beijing as an example, the minimum monthly social insurance payment base for enterprise employees in 2022 is 5869,619 yuan, urban employees will pay about 1556 yuan, and units will pay about 2175,5869 yuan, for a total of about 1753,<> yuan. When enrolling in the insurance as a flexible employee, the individual needs to bear about <>,<> yuan of social security expenses per month based on the same contribution base of <>,<> yuan.

In contrast, flexible employment personnel "affiliated" with social security, that is, to participate in urban employee social insurance, individuals have to bear the full share of individual and unit contributions, only paying fees costs more than 400 yuan more than participating in insurance as flexible employees, and also pay service fees to institutions.

At present, Huang Xi spends about 2300,4 yuan a month on social security, which she calls helpless. Huang Xi has paid social insurance in Beijing for four consecutive years, but does not have a Beijing household registration. "If you are not 'affiliated', you can only go back to your hometown to participate in insurance. In Beijing, paying social security for 5 years in a row can get the qualification to buy a car and a house, and I will be eligible to pay for another year, and it is not cost-effective to cut off the payment. ”

The reporter learned that at present, some regions have opened insurance channels for flexible employment personnel, but only for the registered population. For flexible workers with non-local household registration, if they want to qualify for buying a house and a car, and their children go to school, they need to meet the social security payment requirements for a certain number of years. Therefore, even if they know that "affiliation" with social security costs is large and undesirable, some flexible workers have to adopt this method based on actual needs.

Unlike Huang Xi, Mr. Fan, a 37-year-old Beijinger, partners with a friend to do business and "affiliates" social security to a friend's company. "Self-registered companies also have to file taxes, annual reviews, etc. every year, and the 'affiliation' diagram is convenient, and it can also be used as a stopgap measure for transition."

Xue Huiyuan, deputy director and associate professor of the Social Security Research Center of Wuhan University, told reporters that behind the phenomenon of social security payment, there is also part of the reason is that the gap between urban and rural residents and urban employees in pension insurance treatment is too large. According to data from the Ministry of Human Resources and Social Security, the monthly per capita pension of enterprise retirees in 2021 will be 2987,179 yuan, while the monthly per capita pension of urban and rural residents in the same period will only be 16 yuan, the former 7.<> times that of the latter. Some rural residents choose to "affiliate" social security in order to obtain higher retirement benefits.

"Affiliation" is full of risks, and it is difficult to protect rights and interests

The reporter noticed that many "affiliated" social security personnel only knew that this behavior was undesirable, and did not understand the legal risks behind it.

Some lawyers pointed out that the Social Insurance Law stipulates that the insured unit of the employee should be consistent with the employer, and that "affiliation" to social insurance, that is, the participating unit fabricates labor relations to insure unqualified personnel, and is suspected of forging materials, fictitious labor relations and other illegal operations, which is a social insurance fraud and will be punished.

In 2021, the Chaoyang District People's Court of Beijing Municipality released a case showing that a company fabricated labor relations, paid maternity insurance for 36 pregnant women who did not have the conditions for insurance, and defrauded more than 98,8 yuan in maternity allowances, and finally <> people were sentenced.

At present, the human resources and social security departments in many places have issued a reminder that participating in insurance through "affiliation" payment and other means is illegal and illegal, and even faces multiple risks such as running away from the payment of the company's money, personal property damage, information leakage, and affecting personal credit.

The reporter learned that since the implementation of the "Measures for the Administrative Supervision of Social Insurance Funds" in March last year, under the investigation and punishment of relevant departments, it has been difficult for many social security payment companies to forge labor relations to declare. Huang Xi found that since last year, the number of institutions operating social security payment business has been greatly reduced, and some related businesses have been withdrawn.

In fact, even if you find an institution to "affiliate" and pay social security on your behalf, it is more difficult to enjoy relevant benefits. Recently, the reporter contacted an institution that operates payment business as an insured, and the customer service of the agency clearly stated: "Our company cannot handle unemployment benefits, hospitalization, maternity allowances, work-related injury insurance reimbursement, etc., women are pregnant or cannot be 'affiliated' during maternity leave, and there is suspicion of false insurance participation in large or high-frequency use of medical insurance during the insurance period, and legal responsibility will be investigated, and the consequences shall be borne by the insured." ”

"The Measures for the Administrative Supervision of Social Insurance Funds draw a 'red line' for violations of social insurance laws and regulations, including payment on behalf of others, and strengthen the standardization of social insurance payment and the administrative supervision of social security funds. This shows that the government is paying more and more attention to regulating the management of social security funds, and the cost of social security fraud and illegal operations will become higher and higher in the future. Xue Huiyuan said.

It is recommended to gradually relax the household registration restrictions

At present, the scale of flexible employment in China has reached about 2 million. How to better meet the needs of this part of the group to participate in endowment insurance and medical insurance in the workplace has become a hot spot of widespread concern in society.

In July 2021, the Ministry of Human Resources and Social Security and other 7 departments jointly promoted the relaxation of the household registration restrictions for flexible employment personnel to participate in pension and medical insurance in the place of employment, and proposed that if it is difficult to achieve in one step in individual super-large cities, it is necessary to actively create conditions for gradual liberalization.

Since May this year, flexible employment personnel with household registration in other provinces and cities who are employed in Shanghai can pay basic pension and medical insurance premiums on a monthly basis after completing employment or social security registration. According to statistics, Shanghai, Guangdong, Shenzhen, Anhui, Henan, Zhejiang, Jiangsu and other places have successively issued policies for flexible employment personnel to participate in insurance in their places of employment.

"At present, there is a regional imbalance in China's development, and first-tier cities are facing 'big city disease', if the household registration restriction is directly abolished, the transfer and continuation of social security, the cross-regional transfer of social security funds, and the resulting further imbalance in population flow are all difficult to solve." In Xue Huiyuan's view, the comprehensive liberalization of household registration restrictions for insurance participation is the trend of the times, and it should be achieved gradually and gradually.

Xue Huiyuan suggested that the basic pension insurance fund for urban employees should be unified in the whole country as soon as possible, and at the same time, the national overall planning information system of endowment insurance and the national unified social insurance public service platform should be improved, and the national social insurance network and cross-provincial "one-network operation" should be realized to improve the convenience and portability of flexible employment personnel to participate in insurance.

"The size of flexible workers is growing, with flexible employment methods, low barriers to entry, unstable incomes and frequent changes in workplaces." Xue Huiyuan suggested that the rate and payment base for participating in insurance as flexible employees can be appropriately reduced, so as to reduce the payment burden of this group and increase their enthusiasm for participating in insurance. (Some respondents are pseudonyms)

Yu Lingge (Source: Workers' Daily)

Yu Lingge