Is it legal for a company in Shanghai to unilaterally and privately force employees to buy social security before the probation period?

1. According to the relevant labor laws, the probation period is included in the labor term. During this period, the laborer has established an actual labor relationship with the employer, and a labor contract must be signed one month after the establishment of the labor relationship. According to the actual established labor relations, workers enjoy employee benefits during the probation period, such as five insurances and one gold. But in reality, many companies refuse to pay five insurances and one gold for probationary employees because their employees are not regular employees.

2. In fact, it is illegal for the company not to buy five insurances and one gold for employees during the probation period, because according to the law, as long as the labor contract is established, the company will pay social insurance for employees, and the probation period is included in the labor contract period. It is illegal to pay social insurance after probation.

Even if employees don't have to buy it, the work unit can't be exempted. Because social insurance is compulsory by the state, it is the legal obligation of the employer to handle social insurance for employees. Even if the laborer makes a request, it cannot exempt the employer from the legal obligation to handle social insurance for the laborer.

4. If it is found in the course of work that the company has not purchased social insurance by itself, you can complain to the local labor security supervision department, or you can complain to the social insurance agency or the social insurance premium collection agency.

5. In reality, if it is found that the company did not buy social security for itself during the probation period, did not buy it after the probation period, or delayed the transfer of social security after job-hopping, it is suggested to take timely measures to solve it. For those who have not purchased social security, but can't identify the work-related injury after being injured at work, causing heavy losses, especially in terms of medical expenses, then employees can find professional labor law lawyers to solve the work-related injury problem for themselves.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.