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I think so, although he gave the same amount of labor, but only if he deceived his boss and got a job that belonged to him.
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Pension payments may be refused. A substitute may refuse to pay a pension if he or she works until retirement, because the means of participation in the work are not justified.
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It should be possible, because the facts of his work status are false, and he should be able to refuse to pay his pension.
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Do you have any advice for imposters who work until retirement? The impostor worked until retirement, and was found out by the unit, whether he could refuse to pay the pension.
Definitely yes. Because from the very beginning of the change, the impostor violated the interests of others and the bottom line of the law. If you can continue to receive a pension, you will be approving the practice of the replacement in disguise, which is obviously not suitable.
Now that the unit has found out, should it find the person who has been replaced, give it justice, and if so, whether it can give the pension to the person who has been replaced? I don't know if the legal level makes sense, but theoretically speaking, others do pay labor for the unit, and the unit gives a pension, which is not an additional expense, and the replaced person has suffered a very large loss over the years, although the pension may not be able to make up for the loss, but at least it can have a guarantee for the future life.
Now the pension (pension.
It is all paid by the pension insurance of the social security department, and things like impersonation are indeed true, in fact, it should not be able to retire in the first place. Because when handling retirement, it is necessary to review the employee file, and if the employee file does not match the personal information, the retirement cannot be handled. The social security department will not be stupid enough to take Zhang San's file and approve Li Siban's retirement.
Fraudulently using another person's identity to participate in social security is fraud, falsifying supporting materials or using other means to defraud the qualification for social security participation.
So how is this employee impersonated, then this is the key question, not to say whether he should go to the pension, if his pension insurance is through his own basic information, his own name and his own file and ID number to pay the basic pension insurance normally.
and meet the cumulative payment period of more than 15 years, then you can normally go through retirement and enjoy pension treatment. As a work unit, there is no right and reason to refuse to retire an employee, but as an impostor, we should investigate the reason, what kind of reason causes the impostor, and then find out the source to avoid the next similar thing.
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Rights can be defended through legal means. But if you say Zefan you are completely passed, your ID number and your name go to apply for retirement. For example, if your name is Zhang San, then your ID number is the same as your name, and it is also in line with the normal participation in social security.
If the minimum contribution period for pension insurance is more than 15 years, then in this case you can enjoy the pension yourself. As a work unit, there is no reason to refuse to pay the pension, because after all, the pension is not paid through the unit.
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In this case, it should be reported to this unit, and the police should be called in time, and Duan Ji will sue this person, asking the court to find out who made this impostor work until retirement.
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The state must formulate relevant policies and introduce relevant inspection and audit measures for such things.
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It doesn't exist at all, and it wants to be reckless.
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I don't think it's okay to refuse to pay a pension, after all, he has worked in the company for so long, and it's not right not to give him a pension just because he used someone else.
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I think so. Because he is impersonating someone else, he is breaking the law, so he can refuse to pay his pension.
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Of course, this job was not his, he had already been paid for his labor, and he did not have the right to continue to enjoy what did not belong to him, and this pension had nothing to do with him.
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But before retiring, as a work unit, I found out that this employee has been working as an impostor for so many years, even decades. In this case, in fact, as a work unit, it has no right to refuse to pay a pension. After all, he has served the unit for so many years.
Can an impostor work until retirement, and if he is found to be retired, can he receive a pension?
But before retiring, as a work unit, I found out that this mountain caller chain forest worker has been working for so many years, even decades, as an impostor. In this case, in fact, as a work unit, it has no right to refuse to pay a pension. After all, he has served the unit for so many years.
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Legal Analysis: Impersonation is a violation of labor laws and is fraud.
Legal basis: Article 18 of the Labor Law of the People's Republic of China The following labor contracts are invalid:
1) Labor contracts that violate laws and administrative regulations;
2) Labor contracts concluded in the spring period by means of fraud, threats and other malpractices.
An invalid employment contract is not legally binding from the moment it is concluded. If it is confirmed that part of the labor contract is invalid, the remaining part shall remain valid if it does not affect the validity of the remaining part.
The invalidity of the labor contract shall be confirmed by the labor dispute arbitration commission or the people's court.
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Summary. First of all, it faces infringement compensation. It also involves the crime of fraud.
Crime of forging state documents. At the same time, the State Supervision Department. It is also necessary to hold those involved accountable.
Because it's up to you. It is impossible to replace. I remember Shandong.
A substitution. Involves. Provincial level, municipal level.
County, Community, Education Department. 24 cadres. Penalized.
The substitute was directly dismissed, and the substitute was compensated for 720,000 yuan in moral damages.
What kind of problems will the substitute person face if he has been working for someone else for decades, and now he is receiving a pension, and the person being substituted knows about it decades ago, and now he is being sued by the substitute?
Hello, I am a cooperating lawyer and it is a pleasure to serve you.
First of all, it faces infringement compensation. It also involves the crime of fraud. Crime of forging state documents.
At the same time, the State Supervision Department. It is also necessary to hold those involved accountable. Because it's up to you.
It is impossible to replace. I remember Shandong. A top sensitive sell replacement.
Involves. Provincial level, municipal level. County, Community, Education Department.
24 cadres. Penalized. The substitution bridge allowed the amusement to be directly cleared, and compensated the replaced person for 720,000 yuan of slippery mental damages.
The consequence of impersonation is that you need to bear the criminal responsibility for the relevant crimes. This kind of impersonation may be convicted of harboring and perjury in China's Criminal Law, and will be sentenced to a fixed-term imprisonment of less than three years, and if it is more serious, it is also possible to be sentenced to fixed-term imprisonment of more than three years.
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According to Criminal Amendment Case 11, impersonation is a crime.
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It belongs to the crime of impersonation in Amendment 11, in which impersonation of others in order to obtain job placement benefits.
But your actions were committed decades ago, and the new law is unfavorable to the offender, and if it is not retroactive, you will not be criminally liable, but you will need to face civil compensation, compensate the victim for the losses suffered over the years, and disqualify the existing one.
Because there are two named Chen Shimei.
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I think the impact of impersonation is very bad, you are depriving others of the happiness of their lives, and throwing objects from high altitudes may be done carelessly.