Job Recruitment Website - Social security inquiry - Social security for probationary period or for regularization
Social security for probationary period or for regularization
The trial period is required to social security. Employers should be from the date of employment within thirty days of the social security for workers, and monthly on time and in full for the workers to pay the social security fees. Therefore, during the probationary period, the employer should pay the social security fees for the workers in a timely manner.
Legal objective:First of all, according to the relevant laws, labor relations from the date of employment. That is, during the trial period, the worker and the employer have a labor relationship. Secondly, as long as the labor relationship is established, social insurance premiums should be paid.Article 72 of the 1994 "Explanation of the Ministry of Labor on Certain Provisions of the Labor Law of the People's Republic of China*** and the People's Republic of China" clearly stipulates that "Employers and laborers must participate in the social insurance according to the law and pay the social insurance premiums." Therefore, paying social insurance premiums is a legal obligation of employers and workers. Social insurance is a mandatory insurance for employees' life and medical protection. The so-called compulsory means that the rights and obligations of both parties are directly stipulated by laws and regulations, and both parties are not allowed to negotiate freely. Therefore, whether and how to pay social insurance is not a matter of mutual discussion between the employer and the employee, the employer should be implemented in accordance with the provisions of laws and regulations. If both parties agree "not to pay social insurance premiums", the agreement is invalid. Relevant laws and regulations on the trial period: "The People's Republic of China *** and the State Labor Contract Law" Article 19 of the term of the labor contract for more than three months less than one year, the trial period shall not exceed one month; the term of the labor contract for more than one year less than three years, the trial period shall not exceed two months; more than three years of the fixed term and the indefinite term of the labor contract, the trial period shall not exceed six months. The same employer and the same worker can only agree on one probationary period. If an employment contract is limited to the completion of certain tasks or if the duration of the employment contract is less than three months, no probationary period shall be agreed upon. The probationary period is included in the term of the employment contract. Where an employment contract only agrees on a probationary period, the probationary period shall not be established and such period shall be the term of the employment contract. Article 20 The wage of a worker during the probationary period shall not be less than 80 percent of the lowest grade wage for the same position in the organization or the wage agreed upon in the employment contract, and shall not be less than the minimum wage standard of the location of the employer. Article 21 During the probationary period, the employer shall not terminate the employment contract except in the case where the worker is subject to the circumstances stipulated in Articles 39 and 40 (1) and (2) of this Law. If the employer terminates the labor contract during the probationary period, the employer shall explain the reasons to the worker.
- Previous article:What is the ratio of social security pooling to individual accounts?
- Next article:Do I have to pay social security for buying a house?
- Related articles
- Social Security and Human Resources in Henan Province
- Where can I get a medical insurance card in Dagang District, Tianjin? What are the specific procedures?
- Personal social security arrears have not been paid for 5 years.
- Punch time of occupational annuity in Jiangxi Social Security Center
- How do children get electronic social security cards?
- What date did Chengdu Foxconn buy social security before that month?
- Can migrant workers buy social security by themselves?
- Medical insurance bureau, Chengxi District, Xining Telephone
- How to handle medical insurance in different places in the province?
- Shanghai and Zhejiang two places to pay social security