According to a CCTV Finance report on February 7, some individuals and employment agencies have turned their disability certificates into a tool to make money, and have turned them into a business. Disabled persons can make a profit of about 600 yuan a month by "hanging up their certificates" and "renting" their disability certificates to find false employment; human resources service companies pimping out profits and earning about 1,700 yuan from each person; enterprises and other employers evade paying huge sums of money for the employment of disabled persons by falsely recruiting them. Disability certificates can also be "rented"? Intermediaries know that the law is illegal! Behind the false employment there is a hidden trick
This matter mainly involves the collection of employment security funds for the disabled, the management of the disability certificate, and even fraud, which is mainly supervised by the tax, finance, public security, and disabled persons management departments. Should the human resources and social security departments manage the actions of the human resources service companies, and do they have the right to do so? Is there any legal basis?
The "Interim Regulations on the Human Resources Market" and other laws and regulations regard the cultivation of the human resources market as an important content. What is funny and angry is that the state and the government are bent on cultivating the human resources market, but some human resource service companies are bent on deceiving the state and the government through illegal operations and seeking improper benefits.
It was revealed that some human resource service companies and labor dispatch companies made profits by fraudulently, withholding, and staying in employment subsidy funds, and now it has been revealed that they make profits by attaching to the disabled person's certificate.
Generally speaking, labor security laws and regulations are mainly stipulated from the perspective of safeguarding the rights and interests of workers and job seekers. In this case, there was no damage to the rights and interests of workers and job seekers, but employment intermediaries, together with disabled workers and employers, came to deceive the state. Workers are also the ones who seek unfair benefits.
In this case, if the human resources and social security department wants to investigate and punish the human resources company, it is not without legal basis. There are no specific provisions in the Interim Regulations on the Human Resources Market for these acts. However, Article 47 of the Employment Promotion Law and Article 27 of the Interim Regulations on the Human Resources Market both stipulate that employment intermediaries and human resource service agencies shall not engage in employment intermediary activities by fraud or other means, shall not adopt fraud or other improper means, shall not seek improper benefits in the name of recruitment, and shall not introduce units or individuals to engage in illegal activities.
Article 58 of the Employment Promotion Law stipulates legal liability, "Anyone who violates the provisions of Article 47 (6) to (10) of these Regulations shall be ordered to make corrections, confiscate the illegal gains, and impose a fine of not less than 2,000 yuan but not more than 10,000 yuan, and if the circumstances are serious, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed
Article 43 of the "Interim Regulations on the Human Resources Market" stipulates the legal liability for "failing to carry out human resources service business in accordance with the law": "In violation of the provisions of Articles 24, 27, 28, 29, 30 and 31 of these Regulations, the recruitment information published is untrue and illegal, and the human resources service business is not carried out in accordance with the law, the administrative department of human resources and social security shall order corrections; if there are illegal gains, the illegal gains shall be confiscated; and if the corrections are refused, a penalty of not less than 10,000 yuan shall be imposed5." A fine of less than 10,000 yuan, revocation of the human resources service license if the circumstances are serious, and civil liability shall be borne in accordance with the law if damage is caused to the individual. Anyone who violates other laws or administrative regulations shall be punished by the relevant competent departments in accordance with law."
In addition, the "Provisions on Employment Services and Employment Management", "Provisions on the Administration of Human Resources Service Agencies" and local laws and regulations all stipulate that although "fraud", "seeking improper benefits" and "failing to carry out human resources service business in accordance with the law" are difficult to grasp, it is still possible to frame the behavior of the employment intermediary agencies in the report, and there is no legal obstacle to dealing with the punishment.
Because the exposed matters involve functional departments such as taxation, the Disabled Persons' Federation, and the public security, it is best for the human resources and social security departments to cooperate or cooperate with other departments to carry out joint law enforcement and rectify the situation.