Article 81 The administrative department of social insurance and other relevant administrative departments, social insurance agencies, social insurance premium collection agencies and their staff shall keep the information of employers and individuals confidential according to law and shall not disclose it in any form.

Article 82 Any organization or individual has the right to report and complain about violations of social insurance laws and regulations.

Social insurance administrative departments, health administrative departments, social insurance agencies, social insurance fee collection agencies, financial departments and audit institutions shall, within the scope of their respective functions and duties, handle reports and complaints according to law; If it is not within the scope of responsibilities of the department or institution, it shall be informed in writing and handed over to the department or institution that has the right to handle it. Departments and institutions that have the right to deal with it shall deal with it in time and shall not shirk it.

Article 83 If an employing unit or individual thinks that the behavior of a social insurance fee collection agency infringes upon its lawful rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

The employing unit or individual may apply for administrative reconsideration or bring an administrative lawsuit against the social insurance agency for failing to register social insurance, verify social insurance premiums, pay social insurance benefits, handle social insurance transfer and connection procedures or infringe upon other social insurance rights and interests according to law.

Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.

Chapter II XI Legal Liability

Eighty-fourth employers do not apply for social insurance registration, the social insurance administrative department shall order them to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.

Article 85 Where an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be handled in accordance with the provisions of the Labor Contract Law of People's Republic of China (PRC).

Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.

Article 87 Where social insurance agencies, medical institutions, pharmaceutical trading entities and other social insurance service institutions defraud social insurance fund expenditures by means of fraud or forgery of certification materials, the social insurance administrative department shall order them to return the defrauded social insurance money and impose a fine of more than 2 times but less than 5 times the amount defrauded; If it belongs to a social insurance service institution, the service agreement shall be terminated; If the directly responsible person in charge and other directly responsible personnel are qualified, their qualifications shall be revoked according to law.

Article 88 Anyone who defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and shall be fined at least two times but not more than five times the amount defrauded.

Eighty-ninth social insurance agencies and their staff have one of the following acts, and the social insurance administrative department shall order them to make corrections; If losses are caused to social insurance funds, employers or individuals, they shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(1) Failing to perform the statutory duties of social insurance;

(2) Failing to deposit the social insurance fund into the special financial account;

(3) Deducting or refusing to pay social insurance benefits on time;

(four) lost or tampered with the payment records, enjoy social insurance benefits records and other social insurance data, personal rights records;

(five) other acts in violation of social insurance laws and regulations.

Article 90 Where a social insurance premium collection agency arbitrarily changes the base and rate of social insurance premium payment, resulting in underpayment or overpayment of social insurance premium, the relevant administrative department shall order it to recover the social insurance premium that should be paid or refund the social insurance premium that should not be paid; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Article 91 Whoever, in violation of the provisions of this Law, conceals, transfers, embezzles, misappropriates social insurance funds or illegally invests and operates them shall be ordered by the administrative department of social insurance, the financial department and the auditing organ to recover them; Illegal income, confiscate the illegal income; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Article 92 If the social insurance administrative department and other relevant administrative departments, social insurance agencies, social insurance premium collection agencies and their staff disclose the information of employers and individuals, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If losses are caused to the employing unit or individual, it shall be liable for compensation.

Article 93 Any state functionary who abuses his power, neglects his duty or engages in malpractices for personal gain in the management and supervision of social insurance shall be punished according to law.

Article 94 Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.