最近，#社保挂靠代缴已被明确为违法#冲上热搜，引发了不少网友的讨论。
Recently, #Social insurance is affiliated with payment, illegal!# became a hot issue on social media, sparking discussions among Chinese netizens.
简单来说，就是参保人员跟挂靠代缴单位之间并未签订劳动合同，没有建立真实的劳动关系，在虚构的劳动关系基础上参加社保。
The so-called affiliated payment of social insurance means that the insured participates in insurance through intermediaries or other channels in the name of an entity that has no real labor relationship with him.
现实生活中，社保挂靠代缴是比较常见的，一些人会挂靠在亲戚朋友的公司里，还有的会在网上找中介来挂靠代缴社保，这种除了社保缴费外，还需要给中介缴纳一定金额的服务费。
In real life, some people who do not have a work unit are affiliated with social insurance by finding a payment company, or are affiliated with social insurance in the company of relatives and friends, but in fact, the two parties have not established a real labor relationship.
其实，挂靠违法不是今天才定性的，早在2010年10月《社保法》颁布时，就已经有原则性规定。
Actually, affiliated payment of social insurance has been classified as illegal long before today. As early as October 2010, when the Social Security Law was promulgated, there were already principal provisions on it.
以欺诈、伪造证明材料或者其他手段骗取社会保险待遇的，由社会保险行政部门责令退回骗取的社会保险金，处骗取金额二倍以上五倍以下的罚款。
Article 88 of the Social Insurance Law of the People's Republic of China: Whoever fraudulently obtains social insurance benefits by fraud, forged supporting materials or other means, shall be ordered by the social insurance administrative department to return the fraudulently obtained social insurance money and impose a fine of not less than two times but not more than five times the amount fraudulently obtained.
Article 94 of the Social Insurance Law of the People's Republic of China: Those who violate the provisions of this Law and constitute a crime shall be investigated for criminal responsibility in accordance with the law.
另外，2014年4月全国人大明确骗保入刑，定性为《刑法》第266条“诈骗罪”之一的“诈骗公私财物的行为”。如果触犯“诈骗罪”，“数额较大的”（ 三千元至一万元以上）可处以三年以下有期徒刑。
In addition, in April 2014, the National People's Congress made it clear that fraudulent insurance was included in the sentence, which was classified as one of the "fraud crimes" in Article 266 of the Criminal Law, known as "fraud of public or private property". If the crime of fraud is committed, those with a relatively large amount (ranging from 3000 yuan to over 10000 yuan) can be sentenced to fixed-term imprisonment of not more than three years.
只是国家一直没有对此类行为严查严打，所以很多人还在铤而走险，觉得“以前就有规定，但实际一直这么做也没事儿”。
The country has not strictly investigated and cracked down on such behavior, so many people are still taking risks, thinking that " there were regulations before, but in fact it is okay to do so".
但近日，国家人社部再次明确，挂靠买社保是违法行为。举报者最高可获得10万元奖励，5月1日开始执行。
Recently, the Ministry of Human Resources and Social Security of the People's Republic of China has once again clarified that it is illegal to buy social insurance through affiliation. Whistleblowers can receive a maximum reward of 100000 yuan, which will be implemented from May 1st.
这次国家是真的要动真格了，挂靠社保一旦查出，违规参保的记录甚至会作废。
This time, the country is really going to take it seriously. Once the social insurance affiliation is found, the records of illegal participation will even be invalidated.
通过“代缴”“挂靠”等手段参保补缴本身就是违法违规行为，甚至还会面临不法分子或公司卷款跑路，个人财产被骗受损、个人信息泄露、影响个人征信等多重风险。
participating in insurance supplementary payment through means such as "payment" and "affiliation" is itself a violation of laws and regulations, and even faces multiple risks such as criminals or companies running away, personal property being deceived and damaged, personal information leakage, and affecting personal credit.
一些公司打着社保挂靠的幌子实施诈骗行为，收钱后出具假的社保缴费凭据，实际并没有办理社保。有的公司会先交几个月社保费获取信任，最后卷款跑路。
Some companies carry out fraud under the guise of social security affiliation, and issue fake social security payment vouchers after receiving money, but do not actually apply for social insurance. Some companies will first pay social security premiums for a few months to gain trust, and finally run away with the payment.
目前，已经有人被判刑。北京市朝阳区人民法院2021年公布的一起案例显示，北京一公司采取虚构劳动关系方式，为36名不具备参保条件的孕产妇以公司职工名义缴纳生育保险，累计骗取生育津贴98万余元，最终8人获刑。
At present, people have already been sentenced. According to a case released by the Chaoyang District People's Court of Beijing Municipality in 2021, a company in Beijing used fictitious labor relations to pay maternity insurance in the name of 36 pregnant women who did not meet the conditions for insurance in the name of the company's employees, and fraudulently obtained a total of more than 980,000 yuan in maternity allowances, and finally eight people were sentenced.
社保挂靠违法但仍屡禁不止，究其原因在于群众有需求。
Why people still take risks even knowing the illegality? Obviously, they need it.
宝妈、外卖骑手、主播、网约车司机、个体小商贩、家政钟点工等群体，没有固定工作单位，社保怎么交？
How can social insurance be paid for groups such as moms, delivery riders, online anchors, ride hailing drivers, individual vendors, and domestic hourly workers who do not have a fixed employer?
Social insurance for flexible employment!
Flexible employees can participate in social insurance in two ways：
1）以灵活就业身份交职工社保（包括职工医保和职工养老）；
1) Participating in social insurance for employee as a person without fixed employment (only enjoy basic endowment insurance for employees (pension) and basic medical insurance for employees).
2) Participating in social insurance for residents (only enjoy endowment insurance for residents and medical insurance).
basic endowment insurance for employees (pension)
basic medical insurance for employees
work-related injury insurance
一般来讲，灵活就业人员参保只能交养老保险和医疗保险，没有生育、失业和工伤保险。
Generally speaking, flexible employees can only participate in endowment insurance and medical insurance, but not maternity insurance, unemployment insurance, and work-related injury insurance.
以前很多人挂靠是因为没户口，不能自己买灵活就业社保。其实广东省早在2021年就已经放开买社保的户籍限制，灵活就业人员可以凭本人有效身份证件和广东省就业登记证明到社保局申请参保。
Many people used to accept affiliated payment of social insurance because they didn't have a household registration and couldn't participate in social insurance as flexible employees. But, in fact, as early as 2021, Guangdong Province has clarified that flexible employment personnel with household registration in other provinces can participate in endowment insurance in the province with their valid identity documents and Guangdong employment registration certificates.
除广东外，全国多地也逐步放开了灵活就业人员参保户籍限制。比如，浙江明确，灵活就业人员在就业地参加职工基本养老、基本医疗保险，不受户籍限制。安徽明确，在安徽省就业的灵活就业人员，除了在户籍地参保外，还可以选择在就业地或居住地参加企业职工基本养老保险。
Except for Guangdong, many places are gradually relaxing the household registration restrictions for flexible employment personnel. For example, Zhejiang clarifies that flexible employment personnel participate in the basic pension and basic medical insurance of employees in the place of employment, and are not restricted by household registration. Anhui clarifies that flexible employment personnel employed in Anhui Province, in addition to participating in insurance in their place of residence, can also choose to participate in the basic endowment insurance for enterprise employees in their place of employment or residence.
买社保对于中国公民来说重要，对于在华就业的外籍人士更是必不可少！
Social insurance is important for Chinese citizens, but even more essential for foreigners working in China!
不少人认为，如果没有长期在中国工作、生活的计划，也就没有必要在中国购买社保了。其实不然，现在去一趟医院动辄几百上千，没有医保报销的话，也是一笔不小的开销。社保不仅能保障日后的养老生活，也能够很大程度上节省日常生活成本。
Many people might think that if there is no plan to work and live in China permanently, there is no need to participate in social insurance in China. In fact, you think wrong. For example, seeing a doctor often costs hundreds to thousands, which will be a big expense without medical insurance reimbursement. Social insurance can not only guarantee your retirement life in the future, but also save a lot of costs in daily life.
更重要的是，外国人要想在华合法就业，就需要持有有效的就业卡。很多城市也都开始要求在申请就业卡延期时提供社会保险参保证明。
More importantly, a valid work permit is what you need for legal employment in China. Many cities have begun to require that proof of participation in social insurance be provided when applying for extension of work permit.
Therefore, it is necessary for foreign employees to participate in social insurance!
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