1. How is the social security of the probationary labor contract stipulated?
The provisions on the payment of social insurance in the labor contract during the probationary period are as follows: if the employee establishes a labor relationship with the employer, the employer shall apply to the social insurance agency for the settlement of social insurance registration for the worker within 30 days from the date of employment. If the social insurance registration has not been resolved, the social insurance handling organization shall verify the social insurance premiums that should be paid.
2. What is the relevant legal basis?
Article 72 of the Labor Law of the People's Republic of China stipulates: "Social insurance ** determines funds according to the type of insurance**, and gradually implements social pooling. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. "From the provisions of this article of the Labor Law, it can be determined that as long as a labor relationship is established, it is necessary to participate in social insurance and pay social insurance premiums in accordance with the law. Article 3 of the Notice of the Ministry of Labor on Several Questions on the Implementation of the Labor Contract System [1996] No. 354 stipulates that the probationary period is included in the term of the labor contract, that is, the probationary period also belongs to the duration of the labor relationship, so the employer shall also pay social insurance premiums for the employee during the probationary period.
3. What are the other matters that need attention?
Where a worker establishes a labor relationship with an employer, the employer shall, within 30 days from the date of employment, apply to the social insurance agency for the settlement of social insurance registration for the worker. If the social insurance registration has not been resolved, the social insurance handling organization shall verify the social insurance premiums that should be paid.
Article 58 of the Social Insurance Law stipulates that an employer shall, within 30 days from the date of employment, apply to the social insurance agency for the settlement of social insurance registration for its workers. If the social insurance registration has not been resolved, the social insurance handling organization shall verify the social insurance premiums that should be paid. Individually-owned businesses without employees, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons who voluntarily participate in social insurance shall apply to the social insurance handling organization for settlement of social insurance registration. The State shall establish a nationwide unified personal social security number. An individual's social security number is a citizenship number.
Article 63 Where an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection organization shall order it to pay or make up the premiums within a time limit. If the employer fails to pay or make up the social insurance premiums within the time limit, the social insurance premium collection organization may check its deposit account with banks and other financial organizationsand can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify the bank or other financial organization in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premiums to be paid, the social insurance premium collection organization may require the employer to provide a guarantee and sign an agreement on deferred payment. If the employer fails to pay the social insurance premiums in full and fails to provide a guarantee, the social insurance premium collection organization may apply to the people's court to seize, seal up or auction the property whose value is equivalent to the social insurance premiums to be paid, and use the auction proceeds to offset the social insurance premiums.
China's labor law clearly stipulates that probationary employees enjoy the same rights and interests as regular employees, and the employer is obliged to go through social security procedures and pay social security for employees in accordance with the law. If the employee does not sign a labor contract and does not pay social security for the employee within one month after joining the company, the employee has the right to apply to the Labor Bureau for labor arbitration.