Traditional Culture Encyclopedia - Traditional festivals - The new social security regulations have been implemented, and it is risky for affiliated units to pay social security. What are the specific hazards?
The new social security regulations have been implemented, and it is risky for affiliated units to pay social security. What are the specific hazards?
Others find some enterprises through intermediaries and "pay" social security in the form of employees. But no one can guarantee that these situations will not happen: intermediaries run away, do not renew their insurance, and individuals cheat welfare. Do friends know the harm of paying social security? Let's watch together.
I. Social security relations
In fact, people who have no fixed jobs can pay social insurance as flexible employees in the local social security bureau. However, flexible employees enjoy fewer types of insurance, only pension insurance and medical insurance.
Relatively speaking, employees working in enterprises can enjoy five insurances. That is, pension, medical care, work injury, maternity and unemployment insurance. In order to enjoy more benefits, some flexible employees will find a company to "link" or an intermediary through relationships.
The so-called "affiliation" means to record your personal information in the affiliated enterprise and enjoy the five-insurance treatment by letting it pay insurance. However, many intermediaries are unreliable, and it often happens that intermediaries take away personal social security fees.
In this way, the "affiliated" enterprise will not renew the insurance for people who are not employees of the enterprise. Otherwise, individuals cheat the company's wages or corresponding benefits under the guise of "affiliation". Even though many people know that "affiliation" is not protected by law, they will always take risks for the benefit.
In fact, there are many potential risks in paying insurance through "linking". According to the normal process, enterprises will sign labor contracts first when they recruit employees. Only when there is a labor relationship between the enterprise and its employees will the enterprise pay insurance for its employees.
The so-called "affiliated" individuals in enterprises have no labor relations with enterprises. It is not allowed to pay social security only by "hook". Local laws and regulations clearly stipulate this, and individuals or units may not obtain insurance qualifications by means of fictitious relationships or forged certificates.
In other words, it is illegal to pay social security in enterprises. In addition, for employers, paying social security for non-employees of the company, on the surface, the two sides are labor relations.
If "affiliated" individuals coerce enterprises to pay wages and demand economic compensation, enterprises will get into extra trouble. Some people think that enterprises pay insurance for "affiliated" individuals, and both parties voluntarily. Why not?
As we all know, according to the law, those who cheat social security benefits by forgery or fraud shall be ordered by the social security administrative department to return the insurance money and bear the risk of paying the fine. If the circumstances are serious, they shall also bear criminal responsibility.
Second, the harm of "affiliated"
In fact, for the "affiliated" individuals, the biggest harm is being cheated. With the increasingly flexible employment situation, many people do not work in enterprises, but choose a more free working mode. Such people want to enjoy the freedom of work and the security of enterprises.
Many people will choose an intermediary, and the intermediary will help them handle the "affiliated" enterprises. In this way, you can enjoy the five-insurance treatment like an enterprise employee. However, many intermediaries do not want to help, but want to defraud social security fees.
Many people will take the bait and run away with the money. Faced with this situation, individuals can only accept it. After all, "linking up" is neither legal nor compliant.
If the intermediary is not running away, but looking for a company to "link" social security. Generally speaking, enterprises will not pay social security to employees who do not belong to their own enterprises. Instead, let individuals pay social security first, and enterprises use this money to pay social security to people who are "affiliated". In this way, the enterprise has the initiative.
When an enterprise receives personal social security fees, it does not pay them, but uses them for other purposes. Faced with this situation, "affiliated" people can't claim their due rights. In addition, when individuals pay five insurances, some fees are opaque, such as handling fees.
For flexible employment groups, the proportion of pension payment is 20%, and medical care is 9%. Compared with the five insurances, the proportion of flexible employment groups paying social security will be reduced by 6.4%. If the "affiliated" unit charges opaque fees at will, it will cause additional burden and pressure on individual payment.
Generally speaking, employees who leave the enterprise can apply for social security refund as long as they prove to the social security agency that they have terminated their labor relations with the enterprise. However, the "affiliated" person has not signed any contract with the enterprise. If the affiliated unit refunds the fee at will, personal rights and interests cannot be guaranteed.
Most importantly, you need to provide personal information to the enterprise when you handle the "affiliated company". Including name, ID card, home address, contact information, etc. If the employer divulges personal information, it is also a security threat to the people who are "affiliated".
Third, the new social security regulations
According to the regulations of relevant departments, social security will implement the new regulations from March this year 18. The Measures for Administrative Supervision of Social Security stipulates that employers and individuals who use fictitious insurance, pay illegal fees or defraud social security benefits must all return their pensions.
Not only that, participants will also be punished by 2 -5 times the amount of fraudulent insurance. In other words, it is illegal to "link" in any form and for any purpose. Don't touch the red line
In addition, China's social security payment has also entered a networked state. In other words, as long as the personal information is input into the search system, all the information paid by my social security can be found. Compared with the past, it is no longer feasible to obtain social security benefits through "linking".
No matter individuals, intermediaries or business units, don't take any chances, thinking that relevant institutions can't investigate and deal with them. Once an illegal act is found, only the responsible person will be severely punished.
If the "affiliated" people really want to enjoy the five-insurance treatment of the enterprise, they can find a job in the enterprise and enjoy the corresponding treatment for nothing. If you don't want to work in an enterprise, you should honestly go to the social security agency to apply for insurance in the form of flexible employees.
Summary:
There are always people who take risks for the benefit. Earlier, some self-employed merchants or freelancers found companies to help "match the bridge" by looking for relationships or intermediaries. The so-called "affiliated" relationship is to let enterprises help pay social security and let these people enjoy the five-insurance treatment.
With the implementation of the new social security regulations this year, the previous "affiliated" behavior has become illegal. If identified, the relevant responsible person shall be liable for compensation. If the circumstances are serious, criminal responsibility shall be borne. Instead of taking advantage of laws and regulations, it is better to find a job honestly. Otherwise, you have to bear the risk of being cheated. Little friends must tell people around them not to touch the "link".
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