Recently, Ministry of Human Resources and Social Security issued the Measures for Administrative Supervision of Social Insurance Funds, which will take effect on March 6, 2022. Ministry of Human Resources and Social Security said that in the next step, it will guide all localities to implement the Measures, strengthen supervision and investigation, and severely crack down on illegal acts of fraudulent insurance, hedging or misappropriation of social security funds with a zero tolerance attitude; At the same time, carry out special inspections of various types of insurance and social security funds, find them together, investigate and deal with them together, and strive to ensure the safety of social security funds.
Ministry of Human Resources and Social Security reminded that social security is an illegal act, and relevant departments will strictly investigate and crack down on it from March! At present, there are many advertisements circulating on the Internet that "if you work, you can't pay social security". Although I claim to be legal and compliant, "social security legal and compliant" itself is not established. Don't take chances, try the law.
Social insurance benefits recipients who have applied for social insurance benefits by themselves or others for more than 6 months or the amount exceeds 1000 yuan, refuse to return after being ordered to return, or fail to perform on time after signing a repayment agreement, will be included in the list of serious social insurance untrustworthy people.
The document clearly states that those who cheat social insurance benefits by means of fictitious labor relations and illegally pay premiums shall be dealt with in accordance with Article 88 of the Social Insurance Law of People's Republic of China (PRC), that is, the social insurance administrative department shall order them to return the defrauded social insurance premiums and impose a fine of more than two times but less than five times the defrauded amount.
The legal interpretation of Article 266 of the Criminal Law of People's Republic of China (PRC) is clear. Whoever defrauds social security benefits such as pension, medical care, work injury, unemployment and maternity by fraud, forged certification materials or other means shall be convicted of swindling public or private property.