How to characterize the social security payment service？ Why is it repeatedly banned？
The reporter’s investigation found that the Measures for Administrative Supervision of Social Insurance Funds had been implemented for nearly half a year
Some institutions still illegally provide social security payment services.
● The issue 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 connection of social security relations, resulting in the suspension of social security payment, and some people will continue social security relations through social security payment.
● After the implementation of the Measures for Administrative Supervision of Social Insurance Funds, the social security remittance service is clearly defined as social security fraud, and serious cases may be investigated for criminal responsibility. It is not only illegal for individuals to get the opportunity to participate in social security through "affiliation", but also face multiple risks.
● The way to solve the chaos of social security payment lies in, on the one hand, stripping other social governance functions attached to social security and restoring the institutional functions of social security itself; On the other hand, the household registration threshold for flexible employees or temporarily unemployed people to participate in social security is abolished, which opens the door for them to participate in social security locally.
□ Our reporter Chen Lei
□ Intern of this newspaper Jiang Jiayi
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 directly transfer the social security to a new company.
Liang Liang is a native of Hubei. After graduating from college, he entered a state-owned enterprise in Beijing and obtained a Beijing hukou. In 2015, she chose to be a full-time mother in order to take care of her children, but it was difficult to continue the social security payment record. After many inquiries, she transferred the social security to a friend’s company, and the other party remitted her social security. She transferred the social security fee on time.
Things have changed since April this year. A friend told her that the country has introduced new regulations, and the company can no longer pay social security for her, so she can find her own way.
The new regulation is the Measures for Administrative Supervision of Social Insurance Funds (hereinafter referred to as the Measures) implemented on March 18th this year. The "Measures" stipulate that it is suspected of violating the law for employers and individuals to defraud social insurance benefits by fabricating personal information and labor relations, or by fraud, forgery of certification materials or other means.
However, a recent survey by the reporter of the Rule of Law Daily 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 demand, and there are still some institutions that provide social security payment services to individuals without labor relations.
How to characterize the social security payment service? Where is its harm? Why is it repeatedly banned?
There is no labor relationship between individuals and units.
Social security payment service is suspected of violating the law.
In order to solve the problem of social security payment, Liang Liang got two schemes after asking friends: a flexible employee with household registration can participate in the basic old-age insurance for enterprise employees as an individual, and she can transfer the social security relationship from the company and participate in the old-age 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 started looking for a job in May this year, and so far there is no suitable position. "If you really can’t, go to the street and pay social security first." Liang conscience thought. A fellow countryman with a similar situation has started to apply for insurance in 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 after resigning to ensure that the social security payment record "keeps falling".
Zack Zhang is 29 years old. After graduating from college, she joined an Internet company and decided to resign after working for four years. At that time, she didn’t think about her future career plan, and she didn’t want to lose the qualification to buy a house soon (Beijing stipulates that non-Beijing residents must have a five-year continuous social security payment record). After consultation, she chose the social security payment service.
She contacted an online social security payment platform through a platform online shop and chose the service of "paying five insurances+provident fund". In addition to paying social security fees and provident fund fees herself, she also had to pay an additional service fee of more than 100 yuan per month. According to the minimum payment base, the monthly fee was about 2000 yuan at first, and then the policy was adjusted, and the monthly fee was about 2400 yuan.
"After each payment, the customer service will send a screenshot of the background entry system, which can be found on the Beijing Social Security/Provident Fund official website the next month." Zack Zhang told reporters.
Li Yang, who is 30 years old and has settled down in Beijing, has also paid social security for more than three years through this online social security payment platform.
"Don’t break the social security payment record, you need to buy a car." Li Yang said, "If you can participate in social insurance in Beijing, who will spend the agency fee to find social security?"
There are not a few people who feel helpless like Li Yang. Recently, when a reporter conducted a search for social security payment terms on an online platform, he found that many netizens expressed such feelings. 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 of Bank of China Law Firm in Beijing, said that at present, social security payment in many places is linked to other public policies, including buying a car and buying a house, and enrolling children, which makes social security payment just needed by many flexible employees in different places. In the past years, many flexible employees or temporarily unemployed people 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 real labor relations with the employer, which is suspected of violating the law.
Guo Zheng, a partner of Beijing Tianchi Juntai Law Firm, said that especially after the implementation of the Measures, social security remittance services were clearly defined as social security fraud, and serious cases may be investigated for criminal responsibility.
Social security payment faces multiple risks.
Most insured people really have to.
However, nearly half a year after the implementation of the Measures, many institutions still provide social security payment services.
Recently, the reporter entered the keyword "social security payment" in the search engine and found that there are many institutions providing social security payment services. For example, a national social security payment service platform claims that it can provide social security payment, social security payment, social security agency, provident fund payment, five insurance and one gold agency services, and provide social security services for freelancers, full-time babysitters, transition employees and unemployed people.
According to the information provided by Zack Zhang, the reporter logged on to the online social security payment platform he used on September 1, and found that in the middle of the page was a line of big characters "Online self-service payment of social security accumulation fund", followed by a line of small characters "Deeply cultivated in the social security field for more than 10 years" and "Regular qualifications are guaranteed". It claims that it can provide services such as "social security payment, social security payment, social security affiliation and social security agency".
Below the post about "social security payment" on a certain network platform, the reporter will consult related business with the post and receive some private letters of "detailed discussion" from the payment company.
The reporter chose one of the Human Resources Consulting Co., Ltd. whose coordinates are in Beijing for consultation. The other party sent two social security base and specific cost maps. The first map contains the upper and lower limit amounts of the five insurances, the ratio of unit contributions to individual contributions and the final subtotal contributions. The second map includes the service fees of the provident fund, social security and individual taxes. Remarks are the amount from July 2022 to June 2023.
"Normal office workers need to sign contracts, pay wages and pay social security. Paying social security is to trust your social security relationship, which is equivalent to you working in the company and the company pays you social security. " The relevant person in charge of the above-mentioned company told reporters that as long as there is no dispute between the company and the handler and no report is made, no one will check it. "The social security agency will only look at whether you pay social security to determine whether you work in this company. So many companies in Beijing will not check them one by one unless there is a dispute. "
The reporter learned that to handle social security payment in this company, you only need to send personal information such as ID number and telephone number to the company, and transfer the expenses to the company account through personal mobile banking every month.
The reporter also contacted a social security payment company in Changsha City, Hunan Province. The other party’s answer was similar to that of the company in Beijing, and it also insisted that "there is no risk".
In Yang Baoquan’s view, according to the labor law, it is necessary to be an employee of the employer, and only by establishing labor relations with the employer can you 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 security must first pay the fees to the paying agency on a regular basis. If the paying agency fails to pay social security on time, it is likely to cause payment suspension and affect the enjoyment of social security benefits. What’s more, if the remitting company misappropriates funds or ‘ Run ’ The entrusted individual will suffer losses. " Yang Baoquan said.
Guo Zheng pointed out that because social security payment needs to obtain the relevant information of the insured, workers may also face the risk of personal information disclosure.
The interviewed experts agreed that according to the Interim Measures for the Administration of the List of Serious Untrustworthy Persons in the Field of Social Insurance, social security withholding belongs to social security fraud. Once verified, individuals will be included in the list of serious untrustworthy persons in social insurance. In the process of handling social security payment, serious circumstances may involve criminal responsibility.
According to the law, those who participate in and declare social insurance and defraud social insurance fund expenditures or social insurance benefits by fraud, forgery of certification materials or other means belong to the act of defrauding public and private property as stipulated in the criminal law. If the amount is especially huge or the circumstances are especially serious, he will be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and fined or confiscated property.
In this case, why is there still a phenomenon of social security payment?
Guo Zheng analyzed that behind the existence of social security payment, it is mainly due to the high degree of binding between labor relations and social security relations in China. 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 legitimate and reasonable conflict in social security payment. In the long run, breaking the household registration restrictions and providing insurance channels for flexible employees can not only "cut the bottom line" for social security payment, but also protect their legitimate rights and interests. Designing social security system according to the actual situation of the insured should be the direction of social security system reform in the future.
According to Wang Tianyu, deputy director of the Social Law Office of the Institute of Law, Chinese Academy of Social Sciences, the issue of social security payment has been around for a long time. Social security is linked to territory, household registration, and labor relations. These requirements will inevitably lead to difficulties in the transfer and continuation of social security relations, resulting in social security payment. Only then will some people continue social security relations through social security payment. In addition, social security also bears additional social governance functions.
"From the perspective of insurance, the backbone of social insurance is endowment insurance and medical insurance, among which endowment insurance accounts for the largest proportion. The essence of social security is to form a social community and share the social risks that every member of society will face with the law of large numbers. However, because social security bears additional social functions, all kinds of chaos around social security have emerged. " Wang Tianyu said.
Restore the institutional function of social security itself
Cancel the restriction on participating in social security household registration
In fact, steps have been taken to loosen household registration and social security.
On May 1, 2021, the Measures of Guangdong Province for Flexible Employees to Participate in the Basic Old-age Insurance for Enterprise Employees came into effect, and the threshold of household registration for flexible employees was completely abolished. Flexible employees with household registration in other provinces can participate in the insurance at their places of employment with their valid identity documents and employment registration certificates in Guangdong Province.
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 State Taxation Administration of The People’s Republic of China issued a notice that flexible employees employed in Anhui Province can choose to participate in the basic old-age insurance for enterprise employees at their place of employment or residence, in addition to participating in the insurance at their domicile.
On December 1 of the same year, the Implementation Measures of Zhejiang Province for Safeguarding the Labor Security Rights and Interests of Workers with New Employment Forms was implemented. Flexible employees participated in basic old-age pension and basic medical insurance for employees at their places of employment, and were not restricted by household registration.
Yang Baoquan believes that the phenomenon of social security payment is not only driven by the subjective will of individuals for personal gain, but also the objective result of the lack of basic public services. On the basis of local reforms, we should speed up the improvement of the flexible employment insurance system at the national level, especially the abolition of household registration restrictions to facilitate the participation of flexible employees. At the same time, we should speed up the improvement of the national social insurance public service platform, enrich the insurance channels and strengthen basic public services.
"For people who have chosen to pay social security, they should be rectified and diverted within a limited time. Among them, those who are eligible to participate in the insurance in their personal capacity should be guided to the local agency for flexible employment. For the social insurance rights and interests formed through social security payment, it is not appropriate to ‘ One size fits all ’ Completely erased. " 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. For individuals, they can participate in the basic old-age insurance for employees of urban enterprises through flexible employment, and go through the formalities of 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 types of insurance, pension and medical care. Only by realizing the national co-ordination can we realize the seamless connection of social security relationship transfer and connection to the maximum extent, open up the "blocking point" of the social security system of employment with standard labor relations and flexible employment, and handle social security business through the national social insurance public service platform.
"In addition, can we divest other social governance functions attached to social security, especially such as buying a house, buying a car, and sending children to school, and restore the institutional functions of social security itself, so as to prevent some people from trying their best to fabricate labor relations into the social security system for these purposes?" Wang Tianyu said.
According to Wang Tianyu’s observation, the punishment for illegal acts in the field of social security is too light at present. "These illegal acts directly infringe on the interests of the entire social community and are extremely harmful. Punishment should be intensified according to law, especially the social security violations with huge amount and serious circumstances should be included in the criminal punishment category."
(Liang Liang, Zack Zhang and Li Yang are all pseudonyms)