"Low Cost Insurance"
"One-time direct payment without threshold"
"Early Retirement Now"
……
Don't be fooled by these words!
Guangdong People's Social Security, Guangdong Taxation, Guangdong Public Security
Solemn reminder
Fictitious employment relationships are insured
and fraudulently obtain social security benefits
It is a serious violation
The amount of insurance fraud reached 4,000 yuan
or more than 6000 yuan
Will be held criminally responsible!
Let's start with a few examples
Here's another reminder
Participation in insurance payment should go the right way
Don't be gullible
Use fake employment materials to apply for insurance payment
Below is the popular science time
Come and get knowledge!
(1) The legal consequences of fraudulently obtaining social insurance benefits by fictitious labor relations insurance contributions
1. Article 88 of the Social Insurance Law of the People's Republic of China: "Whoever fraudulently obtains social insurance benefits by fraud, falsification of supporting materials or other means shall be ordered by the administrative department of social insurance to return the social insurance funds fraudulently obtained and shall be fined not less than two times but not more than five times the amount fraudulently obtained." Article 94 provides that "where violations of the provisions of this Law constitute a crime, criminal responsibility shall be pursued in accordance with law." ”
2. Article 266 of the Criminal Law of the People's Republic of China: "Whoever defrauds public or private property of a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone; if the amount is huge or has other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; if the amount is particularly large or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have his property confiscated." ”
3. Interpretation on Article 266 adopted at the Eighth Session of the Standing Committee of the Twelfth National People's Congress on April 24, 2014: "Whoever fraudulently obtains social insurance benefits such as pension, medical treatment, work injury, unemployment, or childbirth by fraudulently obtaining social insurance benefits or other social security benefits such as pension, medical treatment, work injury, unemployment, or childbirth by fraudulent means is an act of defrauding public or private property as provided for in Article 266 of the Criminal Law." ”
4. Article 61 of the Regulations on the Supervision of Social Insurance Funds of Guangdong Province: "Where social insurance business is handled by means of fraud, falsification of supporting materials, fraudulent use of other people's documents, fictitious labor relations, etc., the social insurance administrative department, the social insurance premium collection agency, or the social insurance agency shall not handle it, and the relevant circumstances shall be recorded in their credit archives; if the circumstances are serious, a fine of not less than one time but not more than three times the amount involved in the case shall be imposed." Whoever fraudulently obtains social insurance benefits by fraud, falsification of supporting materials, fictitious labor relations or other means shall be ordered by the social insurance administrative department to return the social insurance benefits that have been defrauded and shall be fined not less than two times but not more than five times the amount fraudulently obtained. ”
(2) The basis for the main laws and regulations for flexible employment personnel to participate in the basic endowment insurance for enterprise employees
1. Article 10 of the Social Insurance Law of the People's Republic of China stipulates that only two types of groups can participate in the endowment insurance of enterprise employees in accordance with the law: employees who have labor relations with the employer; and flexible employment personnel.
2. Guangdong Province has relaxed the household registration restrictions for flexible employment personnel to participate in insurance, as long as they are employed in Guangdong and register for employment in accordance with the law, they can participate in the endowment insurance of enterprise employees in the place of employment. For details of the relevant policies, please refer to: Guangdong Provincial Department of Human Resources and Social Security, Guangdong Provincial Department of Finance, and the Guangdong Provincial Taxation Bureau of the State Administration of Taxation jointly issued the "Guangdong Provincial Measures for Flexible Employment Personnel to Participate in the Basic Old-age Insurance for Enterprise Employees" on April 20, 2021.
(3) Guidelines for the insurance payment of flexible employment personnel in Guangdong Province
Department of Human Resources and Social Security of Guangdong Province