What are the provisions of the Labor Contract Law on the issue of social security during the probationary period?

The provisions of the Labor Contract Law on social security during the probationary period are: social insurance should be paid during the probationary period. In China's labor contract period, the trial period is included in the term of the labor contract, the trial period can not be calculated outside the labor contract, that is, after the trial period before the signing of the labor contract. Labor contract only agreed to the trial period, the trial period is not established, the period for the duration of the employment contract.

A. What are the provisions of the Labor Contract Law on social security during the trial period?

It should be paid, the worker and the employer to establish a labor relationship,

the employer should apply for social insurance registration for its employees to the social insurance agency within thirty days from the date of employment. If the employer fails to register for social insurance, the social insurance agency shall approve the social insurance premiums to be paid by the employer. The employer pays social insurance according to law and the probationary period is not directly related.

The Social Insurance Law

Article 58

An employer shall, within thirty days from the date of employment, apply for social insurance registration with the social insurance agency for its employees. If the employer fails to register for social insurance, the social insurance administration organization shall approve the social insurance premiums to be paid by the employer.

Individual entrepreneurs without employees who voluntarily participate in social insurance, part-time workers who do not participate in social insurance with their employers, and other flexibly employed persons shall apply for social insurance registration with the social insurance administration organization. The State establishes a nationally unified individual social security number. Individual social security numbers are citizens' identity numbers.

Article 63

If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order the employer to pay the premiums within a certain period of time or make up the full amount. If the employer fails to pay the social insurance premiums in full or on time, the social insurance premium collection agency may inquire the banks and other financial institutions about their deposit accounts; and may apply to the relevant administrative departments at or above the county level to make a decision on the allocation of the social insurance premiums, and notify in writing the depositary bank or other financial institutions of the allocation of the social insurance premiums.

If the account balance of the employer is less than the amount of social insurance premiums that should be paid, the social insurance premium collection agency can require the employer to provide security and sign a deferred payment agreement. If the employer fails to pay the full amount of social insurance premiums and does not provide a guarantee, the social insurance premium collection agency may apply to the people's court to seize, seal or auction the property whose value is equivalent to the social insurance premiums that should be paid, and use the proceeds of the auction to offset the payment of social insurance premiums.

The trial period can be agreed?

The labor contract can agree to a trial period. The word "can" indicates that the labor contract is not a mandatory clause, but a negotiation clause, whether or not the agreement by the workers and employers to determine the negotiation. However, as long as the negotiation of the trial period, must comply with the provisions of the trial period.

According to the current laws and policies, the conclusion of the labor contract, the agreement on the trial period to implement the following six provisions:

(1) The trial period of the labor contract should be agreed by the employer and the workers on an equal footing, and shall not be imposed by the employer.

(2) The maximum length of the trial period shall not exceed six months.

(3) If the labor contract is for less than two years, the probationary period shall be determined according to the length of the contract, i.e., if the term of the labor contract is for less than six months (six months), the probationary period shall not exceed 15 days; if the term of the labor contract is for more than six months and less than one year, the probationary period shall not exceed 30 days; if the term of the labor contract is for more than one year and less than two years, the probationary period shall not exceed 60 days. If the term of the labor contract is more than two years, the probationary period can be agreed within six months. A probationary period shall not be agreed upon in the case of a labor contract that is limited to the completion of a certain work task or where the term of the labor contract is less than three months.

(4) The probationary period is included in the term of the labor contract, and the probationary period can not be calculated outside the labor contract, that is, the probationary period is completed before signing the labor contract. If the labor contract only agrees on the trial period, the trial period is not established, and the period is the term of the labor contract.

(5) The same employer and the same worker can only agree on a trial period once. The probationary period applies to workers who change their positions or types of work after their first employment or re-employment, and only one trial period is allowed for workers whose jobs have not changed. When the labor contract is renewed, the trial period may be renegotiated if the worker changes his or her job type, and the trial period will not be renegotiated if he or she does not change his or her job type. The Labor Contract Law provides that "the same employer and the same worker can only agree to a trial period", that is to say, enterprises can not set up a probationary period for employees to change jobs.

In our country, the relevant workers in the work, the law of our country on the corresponding protection of such people, the relevant workers in the employer to work within 30 days should pay the corresponding social insurance, to protect the legitimate rights and interests of such people. If the employer is not in accordance with the provisions of the probationary period, not to pay the laborers can make the appropriate complaints, this time must be timely protection of their rights and interests.