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Is the first month social security base paid according to the probation period?
1. Is it legal to pay social security 1 at 80% of salary during the probation period? It is legal for the employer to pay 80% of the salary agreed in the labor contract during the probation period, but it is illegal to pay 80% of the salary during the probation period. 2. Legal provisions: Article 20 of People's Republic of China (PRC) Labor Contract Law * * * The wages of workers during probation period shall not be lower than 80% of the minimum wage of the same position in the unit or the wages agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located. Article 63 of the Social Insurance Law of People's Republic of China (PRC), if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And 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 their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement. If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction. Two. Is it legal to extend the probation period 1? If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. The same employer and the same worker can only agree on a probation period. Then the employer can only agree on a probation period within a certain period and cannot extend it any longer. Before the end of the probation period, the employer needs to assess the employees, and if it thinks it is inappropriate, it shall propose to terminate the labor contract. Even if the two parties reach an agreement to extend the probation period, the extension period is only limited to the upper limit stipulated by the above law. 2. After the probation period, the laborer officially becomes a full member. The unit should pay full-time wages and think that the employees are really incompetent and should be changed or trained. That is to say, if the employee is still incompetent after changing his post or training, the unit shall notify him 30 days in advance when unilaterally proposing to terminate the labor contract, and within 30 days, the employer shall still fulfill its obligations to the employee. To sum up, extending the probation period requires negotiation between both parties. It is legal for the employer to pay 80% of the salary agreed in the labor contract during the probation period, but it is illegal to pay 80% of the salary during the probation period. If you need legal help, readers are welcome to consult.
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