No pay at work? The Truth About Disability Card Dependency: Benefit Cancellation + Cumulative Liability
In the social circles of many people with disabilities, "good opportunities" to "receive money and pay social security without going to work" often appear - this is the so-called disability certificate. This model, which seems to be able to obtain benefits without any effort, actually hides a complex chain of interests and legal risks, and its essence runs counter to the country's original intention of protecting the rights and interests of persons with disabilities.
What is the disability certificate affiliation?
The so-called disability certificate affiliation, the essence It is a kind of false employment behavior: disabled people "rent" or "borrow" their disability certificates to companies, and nominally become employees of the company, but do not need to actually work on the job. The company will pay a small amount of affiliation fees and pay social security on their behalf. In this cooperation model, disabled people often do not know the specific information of the company, and have never even been to the so-called "employment unit". They only complete the handover of certificates and settlement of fees through an intermediary. Some disabled people also need to return most of the affiliation fees to the intermediary, and the actual income they receive is only a few hundred yuan.
What are the disability certificate affiliations"Welfare"
< span>For the disabled, the "benefits" brought by the affiliation seem attractive: you can get a small amount of stable income without working, and some companies will also pay basic social security, which is attractive to the disabled who have difficulty finding a job. But behind these superficial benefits, there is a greater loss hidden - the affiliation record will be deemed as "having a stable income", which may lead to the cancellation of core benefits such as subsistence allowances and special subsidies for severely disabled people. The value of these formal benefits often far exceeds the monthly affiliation fee of several hundred yuan. What is even more alarming is that personal information may be abused by companies. Once companies engage in illegal activities such as tax evasion, people with disabilities may also face joint liability.
Why do companies need to be affiliated with disability certificates
The core driving force why companies are keen on looking for affiliations with disability certificates is to avoid costs and obtain discounts. According to the "Measures for the Administration of the Collection and Use of Employment Security Funds for Disabled Persons", The proportion of employers arranging employment for disabled persons shall not be less than the total number of employees of the unit 1.5%. Enterprises that do not meet the standard need to pay high disability insurance funds. This fee is a considerable burden for enterprises with large employment scale. By falsely placing disabled persons, companies can not only be exempted from paying disability insurance, but also enjoy tax benefits such as value-added tax refunds and actual salary deductions before corporate income tax, which has become a "shortcut to save money" in the eyes of some companies. In addition, some companies are unwilling to actually hire people with disabilities due to lack of experience in managing disabled employees and worries about the cost of renovation of barrier-free facilities, so they choose to rely on this "worry-free" violation method.
Which disability certificate certificates are"hot and delicious"
In the affiliated market, companies have clear preferences for the level of disability certificates. According to regulations, Level 1 and Level 2 Disabled Persons Certificates or Level 1 to Level 3 Disabled Military Certificates can be converted into two persons with disabilities when calculating the employment ratio. Therefore, such high-level certificates are more favored by enterprises, and intermediaries will also give priority to recommend such resources when making connections. The groups that can apply for disability certificates cover seven categories: vision, hearing, speech, physical, intellectual, mental, and multiple disabilities. As long as they meet the corresponding disability standards after being identified by the statutory disability assessment agency, they can apply. This also provides potential resources for the affiliated market.
The disability certificate is illegal
But it must be clear that, Disability certificate affiliationIt is completely illegal. The essence of this behavior is that companies evade disability insurance and defraud tax benefits by fabricating labor relations, which is a typical illegal behavior. According to legal provisions, once an enterprise is investigated and punished, it must pay back disability insurance, taxes and high late fees. The amount of fines can reach tens of thousands to millions of yuan. In serious cases, it may constitute a crime of tax evasion, and the person in charge of the enterprise must bear criminal responsibility; and the disabled persons who participate in the affiliation must not only return all illegal gains, but may also face fines, or even be included in the social security default list, which will affect subsequent employment and welfare enjoyment. Intermediaries may have their licenses revoked for illegal operations, and if they collaborate with enterprises to commit fraud, they must bear joint and several legal liability.
51 Prosthetics State calls: Companies should truly recruit disabled people for employment
In fact, the original intention of the state to establish a disability pension system and related tax incentives is to encourage companies to provide real jobs for disabled people and promote the integration of disabled people into society. For enterprises, legally employing disabled people has far more long-term value than being affiliated: Not only can they enjoy discounts on disability pensions, tax refunds and other benefits in compliance with regulations, but in some areas, the proportion of enterprises placing disabled people has reached more than 25%, and they can also receive more policy support. Chongqing Ruituo Automotive Fluid Pipe System Co., Ltd. has placed 71 disabled people and enjoyed tax benefits of more than 4 million yuan in 2023 alone. This is a vivid case. At the same time, disabled people who have received skills training can show a strong sense of responsibility and execution in suitable positions, creating actual value for enterprises.
For people with disabilities, real employment not only brings stable income, but also the realization of self-worth and the opportunity for social integration. Nowadays, Disabled Persons' Federations in various places are carrying out free vocational skills training, covering easy-to-use projects such as live streaming, mobile phone wrapping, and special handicrafts. Many companies are also adding positions for people with disabilities. Rather than taking legal risks to participate in affiliated employment, it is better to find employment opportunities through formal channels and obtain more secure benefits and dignity in labor.
To ensure the employment of disabled people, companies need to abandon speculation and assume social responsibility. The true employment of disabled people can not only meet the compliance needs of enterprises, but also contribute to society; for disabled people, jobs obtained based on their own abilities are the most reliable life guarantee. Only with the concerted efforts of multiple parties and the abandonment of false models such as affiliation can the employment security system for persons with disabilities be truly implemented and achieve a win-win situation between enterprise development and the protection of the rights and interests of persons with disabilities.