As an important link that is not only related to the operation of enterprises, but also directly affects the rights and interests of employees, social security plays a vital role in the human resource management of enterprises. However, due to various reasons, violations in the field of social security occur from time to time, which not only damages the rights and interests of employees, but also affects the corporate image.
To this end, the Zhejiang Provincial and Shandong Provincial Human Resources and Social Security Departments respectively updated the discretionary standards for administrative penalties in the field of social security at the end of 2023 to build a strong line of defense from the source and punish non-compliant behaviors that harm the rights and interests of employees"Surgery"。
In recent years, with the gradual improvement of China's social security system, some law-abiding and honest enterprises have met the relationship between employees and the social security department, but in this process, there are still many problems.
Among them, it is not uncommon for some enterprises to fail to pay social security in accordance with the law, do not pay wages for overtime, and even defraud social insurance benefits by fraud, falsification of supporting materials or other means. These phenomena pose a serious threat to the rights and interests of enterprises and employees.
Especially in recent years, the phenomenon of false reporting and omission of social security payment has become more and more serious. In order to avoid costs and reduce expenses, some companies have tried to avoid social security contributions. Such behavior is like a time bomb, which can lead to labor disputes and even social instability at any time.
Based on the above reasons, the Zhejiang Provincial and Shandong Provincial Human Resources and Social Security Departments have respectively issued discretionary benchmarks for administrative penalties in the field of social security, aiming to eliminate these chaos, protect the rights and interests of employees, and maintain social fairness and justice.
The Zhejiang Provincial Department of Human Resources and Social Security issued the "Zhejiang Provincial Discretionary Standards for Administrative Penalties in the Field of Human Resources and Social Security (2023 Edition)", in which one of the eye-catching items is that the serological indicators of hepatitis B virus will no longer be used as the standard for physical examination. This is effectively breaking a long-standing divide because people living with hepatitis B are often treated unfairly when applying for jobs.
In addition, this also imposes a strict penalty for such discrimination with a fine of 1,000 yuan. This is a huge step forward in eliminating discrimination against people living with hepatitis B in the workplace and continuing to work towards a level playing field.
The second clarity is that companies that fail to pay social insurance in accordance with the regulations and those responsible may face fines of up to 10,000 yuan. This amount is enough to put pressure on many small and medium-sized enterprises, which means that they must be held accountable for their actions when it comes to social security.
In addition, it has to be mentioned that for fraud, counterfeiting and other illegal means to defraud social security benefits, depending on the degree of violation, you will be fined two to five times the amount. Policymakers have shown no compromise on such behaviour in order to protect the fair use of Social Security**.
The new regulations also specify fines for illegally extending working hours – 100 to 500 yuan, depending on the degree of violation. This protects the rights and interests of employees to a certain extent, and reminds enterprises that they must arrange their employees' overtime hours reasonably.
The Shandong Provincial Department of Human Resources and Social Security followed suit and issued regulations similar to those in Zhejiang Province. From February 1, 2024, illegal employment practices, including illegally extending employees' working hours and failing to pay social security in accordance with the law, will be punished in accordance with the new Discretionary Standards. Depending on the severity of the violation, a fine of $100 to $500 per person will be imposed.
For failure to pay social security in accordance with the law, the new policy sets a fine amount of up to 10,000 yuan according to the degree of violation. This is undoubtedly a warning to enterprises and relevant responsible personnel to ensure that social security is paid for employees legally and compliantly.
Whether we are enterprises or employees, we should face up to this reform, understand its significance from the source, and treat its impact. Only in this way can we truly create a fair, just, safe and stable social security environment. Social security is both a right and a responsibility.
Here, we once again call on all employers and employees to strictly abide by the new social security policy and jointly maintain a fair and just working environment. The changes in these two provinces are just the beginning, and it is expected that more places will adjust their social security policies in the future to better protect the rights and interests of employees and regulate corporate behavior.