How can flexible employees get social security after social security is forbidden to pay and ＂linked＂ to stop？
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Recently, a number of regulations strictly prohibit the payment and "attachment" of social security. Some flexible employees are difficult to participate in insurance at work due to household registration restrictions, and they have to "link" social security due to real needs such as buying a house, buying a car and sending their children to school. Experts suggest that the restrictions on household registration should be released step by step, and the payment rate and base should be appropriately reduced to improve the enthusiasm of flexible employees to participate in insurance.
"The new regulations will be implemented on May 1st, and then strict investigation will be carried out ‘ Affiliate with ’ Social security, reporting can get a reward of 100,000 yuan. " Recently, Huang Xi, who works as a copywriter in Beijing, was a little "shivering" when she read this news. Since there is no fixed unit and it is free to "take the job", Huang Xi has adopted this "affiliated" method to hand over social security to an institution for payment.
The news that Huang Xi paid attention to was the Administrative Measures on Supervision and Reporting of Social Insurance Funds, which was implemented in May this year, and further encouraged the public to report social security violations. Prior to this, the Measures for Administrative Supervision of Social Insurance Funds, which came into effect in March last year, made it clear that it was suspected of breaking the law for employers and individuals to defraud social security benefits by fabricating personal information and labor relations and forging certification materials.
According to a survey conducted by the Workers’ Daily reporter, under the background that a number of regulations have drawn a "red line" for social security, there are still some flexible employees who are unable to participate in insurance at their workplaces due to household registration restrictions and choose to "link" social security. After the "call" is stopped, how can they get social security at their workplace and how can they solve their social security needs? These issues have attracted much attention.
Have to "link" based on actual needs.
According to the social insurance law, the payment of social insurance for urban employees is based on labor relations, and the employer and employees jointly pay the fees. Flexible employees can participate in endowment insurance and medical insurance, and all the contributions are borne by individuals.
Taking Beijing as an example, in 2022, the lower limit of the monthly social security payment base for enterprise employees is 5,869 yuan, the individual contribution of urban employees is about 619 yuan, and the unit contribution is about 1,556 yuan, totaling about 2,175 yuan. When participating in insurance as a flexible employee, according to the same payment base of 5,869 yuan, individuals need to bear various social security expenses of about 1,753 yuan per month.
Comparatively speaking, flexible employees "affiliated" with social security means participating in urban workers’ social security, and individuals have to bear the full share of individual and unit contributions. Only paying fees will cost more than 400 yuan than enrolling as flexible employees, and they will also pay service fees to institutions.
At present, Huang Xi spends about 2,300 yuan on social security every month, which she calls a helpless move. Huang Xi has paid social security in Beijing for four consecutive years, but he has no Beijing household registration. "If not ‘ Affiliate with ’ You can only go back to your hometown to participate in the insurance. In Beijing, even paying social security for five years can qualify for buying a car and a house. I will be qualified after paying for another year, and it is not cost-effective. "
The reporter learned that at present, some areas have opened insurance channels for flexible employees, but only for the registered population. For flexible employees with non-local household registration, they need to meet the requirements of social security payment for a certain number of years in order to obtain qualifications such as buying a house and a car and sending their children to school. Therefore, some flexible employees have to adopt this method based on practical needs, even though they know that it is expensive and undesirable to "link" social security.
Unlike Huang Xi, Mr. Fan, a 37-year-old Beijinger, does business in partnership with his friends and "attaches" social security to his friend’s company. "The company registered by itself has to file tax returns, annual review, etc. every year, ‘ Affiliate with ’ It is convenient and can also be used as an expedient measure for transition. "
Xue Huiyuan, deputy director and associate professor of the Social Security Research Center of Wuhan University, told the reporter that part of the reason behind the phenomenon of social security payment is that the gap between urban and rural residents and urban workers’ pension insurance benefits is too large. According to the data of the Ministry of Human Resources and Social Security, in 2021, the monthly per capita pension of enterprise retirees was 2,987 yuan, while the monthly per capita pension of urban and rural residents was only 179 yuan, the former was 16.7 times that of the latter. Some rural residents choose to "attach" to social security in order to get higher retirement benefits.
"Affiliation" is risky and it is difficult to protect rights and interests.
The reporter noted that many "affiliated" social security personnel only know that this behavior is not desirable and do not understand the legal risks behind it.
Some lawyers pointed out that the social insurance law stipulates that the insured units of workers should be consistent with the employing units. "Linking" social security means that the insured units apply for insurance for those who do not meet the requirements, and are suspected of forging materials, fictional labor relations and other illegal operations, which are social security fraud and will be punished.
In 2021, a case published by the Chaoyang District People’s Court in Beijing showed that a company fabricated labor relations, paid maternity insurance for 36 pregnant women who did not have the conditions to participate in insurance, and defrauded maternity allowance of more than 980,000 yuan, and finally 8 people were sentenced.
At present, many people’s social departments have issued a document reminding that it is illegal to participate in insurance by means of "linking" and paying, and even face multiple risks such as paying the company’s money to run away, personal property damage, information disclosure, and affecting personal credit information.
The reporter learned that since the implementation of the Measures for Administrative Supervision of Social Insurance Funds in March last year, under the investigation of relevant departments, it is difficult for many social security remittance companies to forge labor relations for declaration. Huang Xi found that since last year, the number of institutions engaged in social security payment business has been greatly reduced, and some related businesses have been cancelled.
In fact, even if you find an institution to "link" and pay social security, it is more difficult to enjoy relevant treatment. Recently, the reporter contacted an agency that operates the remittance business as an insured. The customer service of the agency clearly stated: "Our company cannot handle unemployment benefits, hospitalization, maternity allowance, work-related injury insurance reimbursement, etc. Women are pregnant or cannot ‘ Affiliate with ’ During the period of insurance participation, there is a suspicion of false insurance for large or high-frequency use of medical insurance, and legal responsibility is pursued, and the consequences are borne by the insured. "
"The Measures for Administrative Supervision of Social Insurance Funds draws out the phenomenon of social security violations, including withholding ‘ Red line ’ , strengthening the standardization of social security payment and administrative supervision of social security funds. This shows that the government attaches more and more importance to regulating the management of social security funds, and the cost of social security fraud and illegal operation will be higher and higher in the future. " Xue Huiyuan said.
It is suggested to gradually liberalize the household registration restrictions.
At present, the number of flexible employees in China has reached about 200 million. How to better meet the needs of these groups to participate in old-age insurance and medical insurance at work has become a hot spot of widespread concern in society.
In July 2021, eight departments, including the Ministry of Human Resources and Social Security, jointly promoted the liberalization of household registration restrictions for flexible employees to participate in pension and medical insurance in their places of employment, and proposed that if it is difficult for individual mega-cities to achieve it in one step, they should actively create conditions for gradual liberalization.
Since May this year, flexible employees 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 registering for employment or social security. According to statistics, Shanghai, Guangdong, Shenzhen, Anhui, Henan, Zhejiang, Jiangsu and other places have successively issued policies for flexible employees to participate in insurance in their places of employment.
"At present, there is 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 adjustment of social security funds, and the resulting further imbalance in population flow are all difficult problems to solve. " In Xue Huiyuan’s view, it is the general trend to fully liberalize the household registration restrictions for participating in the insurance, and the way of easy first and difficult later, step by step and gradual realization should be adopted.
Xue Huiyuan suggested that the basic old-age insurance fund for urban workers should be collected and supported nationwide as soon as possible, and at the same time, the national overall planning information system for old-age insurance and the national unified public service platform for social insurance should be improved, so as to realize the nationwide networking and cross-provincial "one-line operation" of social insurance, so as to improve the convenience and portability of flexible employees participating in insurance.
"The scale of flexible employees is constantly expanding. This group has flexible employment methods, low entry barriers, unstable income and frequent changes in workplace." Xue Huiyuan suggested that the rate and payment base of participating in insurance as flexible employees can be appropriately reduced, so as to reduce the payment burden of this group and improve their enthusiasm for participating in insurance. (Some interviewees are pseudonyms)