Is it reliable to collect unemployment insurance benefits on behalf of others, regardless of the reason for resignation? Recently, the People's Procuratorate of Dadong District, Shenyang City, Liaoning Province, prosecuted a case of fraudulently obtaining unemployment insurance benefits. Kong and Hou, with the purpose of illegal possession, fabricated the labor contract between the company and the employee. After paying insurance for a short period of time, they terminated the labor contract with the "customer" through dismissal, and collected unemployment insurance benefits for the "customer", accumulating more than 900000 yuan in unemployment insurance benefits. The two were held criminally responsible for fraud. Is it illegal to find an intermediary to "collect" on behalf of you? Meng Yuping, a legal expert from the Liaoning Labor Dispute Research Association, stated that if an intermediary only provides legal services such as consultation or assistance in handling unemployment registration, and the applicant meets the conditions for receiving unemployment benefits, then such behavior is usually not considered illegal; If an intermediary uses methods such as fabricating labor relations and forging qualification certifications to help individuals who do not meet the criteria to obtain unemployment benefits, it is suspected of violating the law. When it comes to unemployment insurance benefits, some so-called intermediaries and individuals may advertise on social media platforms such as WeChat Moments, claiming that they can apply even if they do not meet the conditions, and the complex procedures can be fully covered and credited within one month. Don't miss out on this money, as it is 10% higher for proxy applications than for individual applications. In fact, as long as unemployed individuals meet the relevant processing conditions, they can declare and receive unemployment benefits on their own. The Dalian Municipal Human Resources and Social Security Bureau has issued relevant guidelines, clarifying that unemployed individuals who do not meet the conditions cannot be processed through "specialized agency", and are likely to have fabricated information for fraud. The standard and duration of unemployment insurance benefits are unified, and the amount handled by a dedicated person will not be higher than the amount handled by the individual. Moreover, the application for unemployment insurance benefits is flexible and convenient, without any "service fees" charged. Workers can choose to handle it online or offline according to their convenience. According to Hou's confession, he found that he could easily make money by simply posting on his friend circle, fabricating a contract, and mailing a document. Therefore, he gradually handled the business of receiving unemployment insurance benefits for more than 40 people, totaling more than 900000 yuan. In practice, social insurance agencies will regularly conduct qualification reviews on individuals receiving unemployment insurance benefits, including checking their employment status, unemployment registration status, etc. The labor security administrative department will supervise the work of social insurance agencies to ensure that they issue unemployment insurance benefits in accordance with regulations. However, during the investigation process, due to the large number of people involved and the complex evidence system, there are still difficulties in determining the crime and non crime, as well as the statutory amount. Zhang Yong (pseudonym) worked at a food processing factory in Shenyang before receiving more than 10000 yuan of unemployment benefits on behalf of others, and now he is a flexible worker. He told reporters that two years ago, he saw an advertisement on WeChat Moments for someone to handle unemployment insurance procedures on his behalf. At that time, he had just lost his job and was very moved to see that as long as he provided documents, paid commissions, and one month's social insurance premiums, he could receive unemployment insurance benefits. I thought finding someone to 'take over' was just a policy loophole, it wasn't a big problem, "he said. Behavior like Zhang Yong, who thought it was not a big problem, is actually suspected of being illegal. Unemployment insurance benefits are a temporary compensation for unemployed individuals who lose their wage income during the period of unemployment. Some unemployed individuals who have terminated their labor contracts with their employers choose to seek so-called "professionals" to handle unemployment insurance benefits due to their unfamiliarity with relevant policies. Some people have a sense of luck and think that 'small matters' will be punished lightly, and the law will not punish the public; Some people believe that intermediaries fabricate information that has nothing to do with themselves, but in fact they have fallen into a "pit" without realizing it. Meng Yuping analyzed that Zhang Yong himself does not meet the application requirements and should understand the risk of intermediaries forging proof materials. By profiting from such illegal behavior, workers will also be held accountable by law. At the same time, intermediaries who provide false materials and mislead workers, and fail to operate in accordance with relevant laws, regulations, or industry norms when providing services, resulting in losses to workers, should also bear corresponding responsibilities. Article 14 of the "Regulations on Unemployment Insurance" stipulates the conditions under which unemployed individuals can receive unemployment insurance benefits, including "unemployed individuals participate in unemployment insurance in accordance with regulations, their employer and themselves have fulfilled their payment obligations for at least one year in accordance with regulations", "employment is interrupted not due to their own wishes", "unemployment registration has been completed and there is a job search requirement", etc. Zhang Yong did not register for unemployment and continued to pay social security as a flexible employee. After failing to apply through the system for the first time, he saw someone on his social media post saying 'handle unemployment insurance benefits' and contacted them. The customer service asked for Zhang Yong's name, mobile phone number, ID number, bank card and other information, and charged a service fee of 800 yuan and a monthly "social security supplementary payment" of 2013.4 yuan. Zhang Yong did not inquire about the next steps, and did not meet with the agent or sign any documents. Until March of this year, the public security organs contacted him and demanded that he refund the 8-month unemployment insurance benefits that he had received on his behalf. Afterwards, he refunded a total of 12920 yuan. According to Article 28 of the "Regulations on Unemployment Insurance", if a person who "acts as a proxy" carries high risks and may be sentenced, and does not meet the conditions for enjoying unemployment insurance benefits, and fraudulently obtains unemployment insurance benefits and other unemployment insurance benefits, the social insurance agency shall order a refund; If the circumstances are serious, the labor security administrative department shall impose a fine of not less than one time and not more than three times the amount defrauded. Meng Yuping introduced that intermediaries will face administrative penalties such as fines, revocation of business licenses, etc. If their illegal behavior violates the criminal law, such as fraud, forgery of official documents, etc., they will bear criminal responsibility. Workers who hire "specialized agents" to handle unemployment insurance benefits may face various risks. If they encounter intermediaries who carry out fraudulent activities under the guise of handling unemployment insurance benefits, there is a risk of personal information leakage after providing personal information. Criminals may use personal information for fraud, and they may also be included in the list of seriously dishonest individuals in social insurance. Wang Lei, Director of the Institute of Sociology at Liaoning Academy of Social Sciences, stated that relevant departments should strengthen their efforts? Information sharing and comparison are becoming increasingly sophisticated among various departments. By comparing information from departments such as taxation, industry and commerce, and public security, it is easy to detect fraudulent behavior of obtaining unemployment insurance benefits. For example, if someone is found to have other sources of income while receiving unemployment insurance benefits, there may be a situation of defrauding unemployment insurance benefits. Some companies may be suspected of defrauding unemployment insurance benefits if multiple people terminate their labor contracts after short-term insurance payments during the same period. Meng Yuping reminds workers that unemployment insurance is an economic assistance provided to the unemployed, helping them maintain their basic living standards and alleviate economic pressure. Don't take chances and try to 'fleece'. Otherwise, workers not only face fines, but may also face penalties. The Interpretation of the Standing Committee of the National People's Congress on Article 266 of the Criminal Law stipulates that it is an act of defrauding public and private property to defraud unemployment and other social insurance benefits by fraud, forgery of certification materials or other means. If the amount is particularly large or there are other particularly serious circumstances, the offender shall be sentenced to more than ten years of fixed-term imprisonment or life imprisonment, and shall also be fined or have their property confiscated. (New Society)