Songming Qualification Agency: You can confidently say "no" if you don't pay social security during the probation period.

It is reported that some companies now require employees to issue a written commitment when signing labor contracts with employees, promising that employees will voluntarily give up the social insurance premiums paid by the company, and the company will pay the social insurance premiums directly to employees as part of their wages. This is illegal and unreasonable.

According to the relevant provisions of the Social Insurance Law and the Labor Contract Law, employers and workers must participate in social insurance and pay social insurance premiums according to law. It is the legal obligation of the employer to participate in social insurance and pay social insurance premiums for workers according to law. Employers and workers cannot change or waive this obligation by agreement.

If the file is not transferred to the company, it will be impossible to pay social security and new employees will join the company. Due to personnel changes, the previous files may not be transferred from the original company in time. At this time, some companies will say that they can't pay social security for their employees because they don't have files, but files can't be the reason for the company to delay paying social security.

According to the relevant regulations, the employer shall register social insurance for employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

The employing unit shall declare itself and pay social insurance premiums in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. It can be seen that employees' failure to transfer files cannot be the reason why employers do not pay social insurance.

According to "Social Insurance Law" and "Regulations on Housing Provident Fund Management", enterprises must pay "five insurances and one fund" for their employees, namely, endowment insurance, medical insurance, unemployment insurance, work injury insurance, maternity insurance and housing provident fund.

When an enterprise signs a contract with its employees, both labor remuneration and social insurance are necessary clauses in the labor contract. Paragraph 4 of Article 19 of the Labor Contract Law stipulates that the probation period is included in the labor contract period, that is, the enterprise must also pay social security for the employees during the probation period.

The base for employers to pay social insurance premiums is the total wages of their employees.

The employee's contribution base is his own salary. In practice, my salary generally refers to my average monthly salary in the previous year. But if my average monthly salary is lower than 60% of the local average monthly salary, I will pay 60% of the local average monthly salary.

You don't have to pay social security if you don't sign the contract.

When the employer refuses to pay social security on the grounds that the labor contract has not been signed, the employee may provide the following certificates to prove the employment relationship with the employer.

Article 2 of the Notice of the Ministry of Labor and Social Security on Matters Related to the Establishment of Labor Relations 12 stipulates that if the employer has not signed a labor contract with the employee, it may refer to the following documents when determining that there is a labor relationship between the two parties:

(a) payment vouchers or records (payroll), the payment of various social insurance premiums;

(2) Work Permit, Service Certificate and other documents that can prove the identity issued by the employer to the employee;

(3) Employment records such as Registration Form and Application Form filled out by employees;

(4) attendance records;

(5) Testimonies of other workers, etc.

Among them, the relevant documents in items (1), (3) and (4) shall be borne by the employer.

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees.

The unit pays cash instead of paying social security.

Some units do not pay social security for employees, but they will give employees a social security subsidy, which will be paid in cash without paying social security. Employers and individuals are not allowed to privately agree on social insurance premiums, and employers are not encouraged to pay in cash, and employees pay social insurance themselves.

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