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people can get paid just by showing their certificates. how can we solve the chaos of “some people work without certificates, and some people with certificates don’t work”?

2024-09-11

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workers' daily-china workers' network reporter tao wen

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the certificate holder does not participate in the work of the affiliated unit, but can obtain considerable remuneration and benefits. the chaos of "hanging certificates" in the engineering construction field occurs from time to time, and many intermediaries actively "matchmake" the certificate holders and the certificate seekers. the existence of "hanging certificates" has led to the phenomenon of separation of people and certificates in engineering projects, which has buried hidden dangers to the quality of engineering projects.

"for a first-level housing construction certificate, the units in guizhou and hubei pay 5,000 to 6,000 yuan for three months of registration; for units in zhejiang, the registration fee is 17,000 to 18,000 yuan for one year, and full-year social security is provided." "put the certificate on me, and you just wait to receive the money." recently, mr. zhang in beijing received the above message from an agent. mr. zhang said that since he posted his first-level construction engineer certificate on a social platform last year, agents have sent him private messages every now and then asking if he is willing to register the certificate.

certificate affiliation refers to the practice of affiliating an individual's professional qualification certificate to a non-employee organization. the certificate holder does not usually participate in the work of the affiliated organization, but can obtain certain remuneration or other benefits. the considerable remuneration and benefits have, to a certain extent, induced some non-practitioners to take the examination for the purpose of "affiliating the certificate". the existence of the "affiliation" behavior will also lead to the phenomenon of separation of people and certificates in engineering projects. some people work without certificates, and some people with certificates do not work, which poses a serious hidden danger to the quality of engineering projects.

in order to further crack down on the "hanging certificate" chaos, the ministry of housing and urban-rural development and the ministry of human resources and social security recently issued a notice stating that they have decided to launch a special campaign to combat illegal and irregular behaviors such as "hanging certificates" by professional and technical personnel in the field of engineering construction. however, according to interviews with reporters, the "hanging certificate" chaos still exists, and many intermediaries actively "matchmake" for certificate seekers and certificate holders.

the demand for certificates has led to a craze for taking exams and “hanging certificates”

the intermediary who contacted mr. zhang claimed to be a staff member of a technology development company in tongzhou, beijing. the business license he showed showed that the company's business scope included construction labor subcontracting, general construction contracting, etc. the intermediary said that the company had been engaged in "hanging certificate" business in beijing for more than 10 years.

according to several intermediaries, the purposes for which companies seek to affiliate certificates include bidding, qualification review, qualification maintenance and new registration, etc. the affiliation period can be as long as one year or as short as two or three months, and the fees range from several thousand to 20,000 to 30,000 yuan.

li hangxing, who works in a secondary unit of a large construction company, has participated in the management of many projects. according to him, referendum projects generally require bidding units to have several first-class construction engineers. the project manager of the general contracting project must have this certificate. some large projects also have requirements for chief engineers. a certain number of different certificates are also needed to maintain the company's qualifications on a daily basis.

the reporter found that, taking the general contracting qualification for construction engineering as an example, the conditions for the third-level qualification include: no less than 5 registered constructors in construction engineering and mechanical and electrical engineering, of which no less than 4 are registered constructors in construction engineering, no less than 6 personnel with intermediate or higher professional titles in construction engineering related majors, and a full range of majors such as structure, water supply and drainage, and electrical engineering. special, first, and second-level qualifications have higher requirements for the number of holders of relevant certificates.

the demand for certificates has given rise to a craze for taking exams and "hanging certificates", among which there are many cross-industry people, freelancers, retirees, etc.

xu lili from hunan has successively passed the examinations for intermediate construction engineer, civil engineering supervision engineer, first-level civil engineering cost engineer, first-level and second-level construction engineer, etc. when asked why she took the examinations, she said frankly: "i took so many examinations because i wanted to see which one has the highest price and then i would apply for it."

can the “only social security” curb the chaos of “hanging certificates”?

it is understood that there are two common ways of "hanging certificates". one is entrustment and dispatch, that is, the intermediary agency signs a "commission agreement" with the certificate holder and provides him/her with a "hiring enterprise"; the other is that the certificate holder and the enterprise directly sign a certificate use agreement, and the enterprise pays the hanging fee for the certificate holder, pays five insurances for the certificate holder, and forges the labor relationship.

in order to ensure that the registered unit is consistent with the actual work unit and to prevent illegal and irregular behaviors such as "hanging certificates", the engineering construction field requires that social security be linked to certificates. the reporter learned that in the current market, long-term "hanging certificates" are often accompanied by the requirement of "only social security", that is, the social security of the "hanging certificate" is required to follow the certificate and be paid by the affiliated unit. however, short-term "hanging certificates" do not involve social security transfer issues.

requiring the registration unit to be consistent with the social security payment and housing provident fund payment unit can indeed curb the "hanging certificate" chaos to a certain extent, but the reporter learned from several agents that this requirement still cannot eliminate the existence of the "hanging certificate" chaos. "as long as you are not a state-owned enterprise or public institution employee, you can still hang your social security and certificate registration units if they are inconsistent, because the relevant departments only focus on investigating the "hanging certificate" issues of these personnel." said an agent.

zhang wei, who works in construction labor subcontracting, told reporters that another type of "certificate hanging" is that some practitioners in the construction field leave their certificates and personnel relationships with the company when they change careers or jobs. the company pays them basic wages and social security every month, but they never go to work at the company and only use their certificates when the company needs them. this more covert way of hanging certificates is also one of the difficulties in investigation and punishment.

in response to the harm caused by the chaos of "hanging certificates", ren guoyou, vice president and professor of the school of safety engineering of the china institute of labor relations, analyzed that the act of "hanging certificates" itself violates laws and regulations such as the construction law, the bidding law, and the regulations on the management of registered constructors. once discovered, the certificate holder may face legal sanctions. if problems arise in the affiliated project, such as quality or safety accidents, the certificate holder, as the nominal project leader or technician, may be held legally responsible or even criminally liable. according to relevant laws and regulations, the certificate holder may also have his or her professional qualification certificate revoked for participating in the act of hanging certificates.

the establishment of a diversified talent evaluation system should be encouraged

ren guoyou said that the act of "hanging certificates" often involves many industry departments and fields. there are information islands between departments, and information cannot be effectively shared, which makes it difficult to discover and investigate illegal acts of hanging certificates.

however, many interviewees said that with the changes in the market in the past two years and the strict investigation of the "certificate hanging" chaos by relevant departments, the registration fees are no longer as generous as before. xu lili's situation also confirmed this. due to the current "bad market conditions", she only registered her first-level supervision engineer and first-level cost engineer certificates with a unit in jiangxi, which cost more than 20,000 yuan a year. "if it was a few years ago, it would definitely be more than this price."

ren guoyou believes that in order to fundamentally control the chaos of "hanging certificates", a multi-pronged approach is needed. first, from the perspective of the management department, first, strengthen top-level planning and gradually improve the laws and regulations related to the registration, use and management of various professional qualification certificates to increase the cost of violations; second, further strengthen the construction of a smart supervision system to conduct all-round and multi-angle monitoring of "hanging certificates"; third, optimize the professional qualification certification system, encourage the establishment of a diversified talent evaluation system, so that talent appointments not only rely on certificates, but also focus on actual abilities and work performance.

from the enterprise level, ren guoyou suggested that enterprises establish a sound internal control system and qualification review system to avoid the occurrence of "hanging certificates". at the same time, establish a sound internal supervision mechanism, strengthen the internal training and introduction of talent mechanisms, and reduce dependence on external certificates. in addition, certificate holders should also strengthen self-discipline. as professional and technical personnel, they should adhere to the bottom line of professional ethics and refuse to participate in any form of "hanging certificates". for any "hanging certificate" behavior or clues found, they should take the initiative to report to the relevant departments to provide strong support for governance work.

(some of the interviewees in this article are pseudonyms)