Sunday, January 23, 2011

Social security fraud to avoid real estate

 Recently, Beijing, Shanghai, Guangzhou, Shenzhen, expressed their property in 2011 will continue to implement control policies. How to avoid the real estate control policies? Some people moving from the

labor relations in back with a false social security consequences from eating

Case Playback: Liu Jing Ji non-residents do not pay social insurance in Beijing, more than one year or pay taxes. Liu and friends to buy a house to discuss a small flood, Little Hung Liu pay the company as a social security, Liu took the social security that a loan to buy a house in back. Liu had small after the company issued flood certification and pay the social security wage proof prosecution, the payment of compensation, a small flood of the companies lost for lack of evidence.

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judges say: The company will pay the social security for employees get paid more than one year proof of social security, social security pay the minimum cost is not high, to obtain preferential loans from the benefits far outweigh the costs, but using this means to circumvent the legal risk, as the labor dispute was shifted the blame to the evidence. Proof of payment of social security exist between employers and employees often proved an important basis for labor relations and labor contracts and wages are paid is a matter of proof by the employer matters, the employer can not prove the case, often face the risk of losing.

to help employees pay the social security fraud claims Fanzao

Case Playback: Wang Department of a private company employees, a request to the boss to buy the marriage room in back pay Social Security Social Security in order to obtain a year proof, the boss is pleased, and promised a high salary to provide proof of income, contributing to its loans to buy a house in Beijing. Wang took the company after the proof of their social security and pay the wages not paid in full the company proof of social security prosecution and payment of wages, employers face the Wang's

judges say: some private companies for the convenience of home loans staff to help employees pay issue a false certificate, or even help pay the employees of non-membership of social security in Beijing, avoid real estate control policies. To obtain proof of social security but are usually low base pay social security, and for the loans This contradictory evidence to base the company fails to pay the employees social security income Wang is thus require the company to compensate for economic compensation, and compensation for wage differentials and the social security balance not paid in full.

been proved illegal access to social security claims breach of contract

Case Playback: Zhang was originally a game company employees, had signed a noncompete agreement with the company, within two years of their separation agreement shall not industry enterprises. Xiao Zhang to a consulting business after work, loans, buy a house to find a game in back Social Security for its handling procedures. Zhang after the matter was that the original work unit to prosecute the violation of non-competition agreement in a game company, the evidence is that this game company to pay the social security records as Zhang.

judges say: some workers to circumvent the restrictions and qualifications of home loans limited credit status, through personal relations obtained from other companies pay the social security proved false, but Social Security proved to be the existence of workers and employers important evidence of labor relations, of course, evidence of breach of contract non-competition, but also prove that the company may be issued by the social security law of evidence, Zhang violations of labor law will produce a series of chain reactions. (Court of Haidian District, Beijing, Chen Chang-Yi)

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