Some employers have misunderstandings about the probationary period, and do not pay social security for their probationary employees, arbitrarily agree or extend the probationary period. "During the probation period, you do not pay five insurances and one housing fund, and you will pay it after you become a regular", "The time is too short, the inspection is not comprehensive, and the probation period needs to be extended", "If you change to a new position, you need to recalculate the probation period......".Have you stepped on these "pits" during the probationary period?Today, I will talk about this topic.
Case review
In June 2023, Wang Xiaoxiao joined a live broadcast company. Before joining the company, the company agreed with Wang Xiaoxiao that the first 3 months would be a probationary period, and the company would not pay social security, and would pay it after becoming a regular. Although he knew that it was illegal to not pay social security during the probation period, due to lack of money, Wang Xiaoxiao had to join the company first and pay social security during the probation period by himself.
When Wang Xiaoxiao worked for the fourth month, she found that the company had not paid social security for her, so she raised an objection to the boss, but the boss still refused to pay social security on the grounds that Wang Xiaoxiao's work was unqualified and she needed to extend the probation period.
So, is it okay if the company does not pay social security during the probationary period?
Lawyer's point of view
Lawyer Liu Yafeng's point of view:
No, social security is statutoryThe employee has actually established an employment relationship with the employer, and the employer must sign a labor contract with the employee in accordance with the law and apply for social insurance for the employee. Whether or not to pay social insurance and how to pay it is not a matter that can be discussed between the employer and the employee, and the employer should implement it in accordance with the law.
If an employer fails to pay social insurance to an employee during the probationary period from the date of employment, the employee may terminate the labor contract at any time and request the employer to pay severance compensation. At the same time, the employee can file a complaint with the social security agency and request the employer to pay the social insurance premiums for him/her, and the social security agency will charge a part of the late payment fee at the same time as collecting the social insurance premiumsIf the employer fails to make the payment within the time limit, the employer may also impose a fine of not less than one time but not more than three times the amount of social insurance premiums payable.
The probationary period is an integral part of the contract period, and it is not isolated from the contract period. Therefore, you should also be insured during the probationary period. In addition, it is a legal obligation for the employer to provide insurance to the employee, which does not depend on the employee's will or voluntariness, even if the employee indicates that he does not need to pay insurance.
Even if the employee is in the probationary period, but has a labor relationship with the company, the company must pay social security for him in accordance with the law, if the company refuses to payEmployees can take the initiative to file a complaint and let the administrative department of the Social Security Bureau investigate and supervise them, and if they refuse to pay, they can be fined.