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Be Alert! These Circumstances Constitute Non-Compliant Claims

HR GuidesยทMay 27, 2026
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I. Main Circumstances of Illegally Claiming Unemployment Insurance Benefits Violations during the claiming period: Re-employment (including being elected as a member of a village committee or as a community worker); enlistment in military service; emigration abroad; or receiving basic pension insurance benefits. Refusing employment training or job recommendations without a justifiable reason.

Information/Identity falsification: Forging resignation certificates or labor contract termination agreements; fabricating labor relations; or officially reducing headcount while employees remain at their posts (phantom layoffs).

Duplicate/Abnormal claims: Duplicate applications across different regions or different insurance types; applying after short-term participation (less than 3 months); mass applications due to concentrated employee resignations, or an abnormal proportion of individuals claiming benefits.

Refusal to refund: Refusing to return the claimed funds after verification has confirmed a violation.

II. Main Circumstances of Illegally Claiming Job Stabilization Refunds Unmet layoff rate/contribution conditions: The enterprise's layoff rate in the previous year exceeded the national urban surveyed unemployment rate control target (for enterprises with 30 or fewer employees, the rate exceeded 20%); failing to pay unemployment insurance premiums in full for 12 months, or having historical premium arrears that remain unpaid.

Unqualified enterprise status/credit: Being classified as a severely discredited enterprise; or being a "zombie enterprise" currently undergoing bankruptcy liquidation or cancellation.

Illegal use of funds: Withholding or delaying the distribution of job stabilization refund funds; failing to use the funds as stipulated for employee living allowances, social security contributions, or job transfer/skill upgrade training.

Special violations regarding labor dispatch: Failing to disburse the funds to the actual employing unit as agreed upon and failing to return the funds to the insurance fund.

III. Main Circumstances of Illegally Claiming Skill Upgrade Subsidies Certificate violations: Holding certificates that cannot be verified through the official online network; submitting duplicate claims for the same occupation at the same level, or improperly using a higher-level certificate to repeatedly claim lower-level subsidies.

Batch/Agency anomalies: Concentrated acquisition of certificates from the same evaluation agency within a short period; submitting batch applications with suspicious sources.

Ineligible personnel status: Applications submitted by retirees or individuals who are already receiving other related subsidies.

Mismatch between certificate and position: The current position of an employed worker does not match the obtained certificate, resulting in an incompatibility between the certification and the actual job role.

IV. Legal Consequences and Liabilities Administrative Penalties: Offenders will be ordered to return the defrauded funds and face a fine of 2 to 5 times the defrauded amount. They will also be included in the list of serious social insurance defaulters, which will negatively impact their credit records, employment recruitment, and subject them to restrictions on high-consumption travel.

Criminal Prosecution: If the defrauded amount is relatively large, the act will be convicted as the crime of fraud, which is punishable by fixed-term imprisonment and fines.

Accountability of Agencies/Personnel: Involved training or evaluation agencies will face suspension of enrollment, removal from approved directories, or revocation of their qualifications. Staff members who abuse their power, neglect their duties, or commit malfeasance will be disciplined in accordance with the law.

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