In order to promote the employment and entrepreneurship of persons with disabilities, the State has introduced a system of security funds for persons with disabilities, whereby enterprises and institutions that have not arranged employment for persons with disabilities in accordance with regulations shall pay funds to the government. However, some individuals and labor agencies have turned their disability certificates into a tool for making money, and have turned them into a business. The reporter of the "Financial Investigation" column interviewed in many places to uncover the truth about using disability certificates to make money.
Disabled people do not need to be at work to receive a salary
Behind the false employment, there is a trick
Master Xu, a blind masseuse in Chengdu, receives a monthly salary of five to six hundred yuan from WeChat, but he knows nothing about the company's name, location, or main business. What he had to do was to sell and borrow his disability certificate and falsely admit that he was a disabled employee employed by the company.
Master Xu was contacted by a local labor agency, and the reporter dialed the other party's phone number on the pretext that the disabled were looking for a job. The person asked for information such as the age and gender of the disabled person, and said that men with disabilities have the opportunity to get such "jobs".
After communicating with disabled groups in many places, the reporter found that such situations are not uncommon. Master Zhang, who suffers from second-degree visual impairment, was introduced to work for a company called Beike Technology Services on March 20, 2023, and from April 2023, he can receive a salary of more than 2,000 yuan every month. But Master Zhang also told reporters that the 2,300 yuan salary he received needed to be transferred to the person who introduced the job for another 1,700 yuan, and he only kept 600 yuan.
During the communication, these disabled groups all pointed out that after the salary is remitted to the bank card of the disabled, the disabled person must take out a large part of it every month and hand it over to the human resource agency that introduces the job. Intermediaries and disabled people do not meet each other throughout the process, and rely entirely on the Internet.
According to the personnel of the labor intermediary company, the main reason why enterprises hire disabled people is to reduce or reduce the "disability insurance fund". The full name of "Disability Insurance" is "Employment Security Fund for Disabled Persons".
According to the Administrative Measures for the Collection and Use of Employment Security Funds for Persons with Disabilities, "security funds are funds paid by organs, groups, enterprises, public institutions and private non-enterprise units that have not arranged employment for disabled persons in accordance with regulations to protect the rights and interests of persons with disabilities. ”
According to the whistleblower, some companies believe that the amount of disability insurance is high, but they do not have practical experience in managing disabled employees, and they do not want to really hire and use disabled people.
At the same time, the whistleblower revealed to reporters that companies generally do not contact people with disabilities directly, but through "heads" of people with disabilities like massage parlor owners. In order to avoid risks, when a disabled person signs an employment contract with the employer, he will also be required to sign a blank resignation application, so that the enterprise can lay off the disabled employee in advance in case of an emergency.
中介知法违法
"Disability certificate affiliation" is profitable
The reporter's investigation found that there is a large amount of "affiliation" content in some comment areas about the employment of persons with disabilities.
In the WeChat group called "Home Employment Service Information Group for Disabled People", which the reporter joined, some of the recruitment information was extremely brief but conspicuous.
In a "medium and high commission blind massage group", the reporter saw that someone directly sent out the information that "a batch of disability certificates are needed", what does "affiliation" mean?
A labor agency named Huijia Human Resources Co., Ltd. is a labor agency company that claims to take the employment of the disabled as its own responsibility, provides long-term resources for the disabled at level 1 to level 4 across the country, and can continue to provide high-quality resources for the disabled for employers.
The person in charge of the company revealed that the so-called "affiliation" is a way to help enterprises to employ false workers, disabled people nominally become employees of the enterprise, but in essence do not need to be on the job, the company pays wages and social security to these nominal disabled employees, but most of them are the local minimum standards. After that, more than half of the salary will be returned to the employer, and then part of the company's service fee will be deducted, and the rest will be paid to the disabled employee.
In the eyes of manpower companies, they make a small amount of money, and the employing companies are the real beneficiaries of this business.
According to national regulations, the proportion of disabled persons employed by an employer shall not be less than 1.5% of the total number of employees in the unit. Where an employer arranges employment for persons with disabilities that does not reach the proportion prescribed by the people's government of the province, autonomous region, or municipality directly under the Central Government where it is located, it shall pay a security fund. The State also stipulates that if an employer arranges employment for one person holding the Certificate of Disabled Persons of the People's Republic of China (Level 1 to Level 2) or the Certificate of Disabled Veterans of the People's Republic of China (Level 1 to Level 3), it shall be counted as arranging employment for two disabled persons. Therefore, Level 1 and Level 2 disability certificates are the most popular in the "affiliated disability certificate" market.
The state also has a clear calculation for the annual payment amount of the employment security fund for the disabled paid by the employer.
In order to evade the cost of protecting the rights and interests of the disabled, some enterprises have joined forces with human resources intermediaries to carry out illegal acts of falsely recruiting disabled employees, attaching rebates, and selling disability certificates.
Real Employment Becomes "Form Employment"
All sectors of society call for the protection of the legitimate rights and interests of persons with disabilities
The reporter's investigation of labor agencies in many places found that false recruitment of disabled employees has become a business. Another well-known labor agency in the industry, Swift Human Resources Co., Ltd., has a slogan on its official website that provides "one-stop disability insurance reduction and optimization services", and they also use false employment methods to reduce or reduce disability insurance for enterprises.
According to national regulations, if an employer falsely attaches a disability certificate, it will be investigated for criminal liability if the circumstances are serious.
Lawyer Cheng Xiaowen said that if a company is involved in tax evasion, it will be held criminally liable. If the crime of tax evasion is constituted, there will be different degrees of punishment depending on the severity of the circumstances and the size of the amount. For people with disabilities, if they are involved in false employment, they will not only have to recover their illegal income, but also face fines. For black intermediaries, illegal operations will result in the revocation of licenses and the recovery of illegal income. If the person in charge cooperates with the enterprise to evade taxes and defraud, it will also constitute a crime.
Lu Xiaoming, a member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC), has always been concerned about the issue of livelihood security for special groups, and he stressed that it is necessary to increase the employment of disabled people and fundamentally improve their living conditions.
The state introduced the "Disability Insurance Fund" to ensure and promote the real employment of disabled people. The real purpose of an enterprise to complete "formal employment" through the attaching of a disability certificate is to avoid paying the "disability insurance fund", which actually hinders the legitimate employment rights of the disabled.
Shiqing, a disabled person who was originally "attached" to a disability certificate in a company, has been trying to find a real job that can go out of the house and integrate into society. Now, with the help of non-profit organizations, she has finally achieved real employment as a data annotator.
In the program, legal professionals and disabled people called for the prevention of such phenomena, so that the disabled can be truly employed, truly integrate into society, avoid "being employed", and better protect the legitimate rights and interests of the disabled.
[Source: CCTV Finance]
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