Employees leave during the probationary period, the company needs to make up for the social security?

In the probationary period to leave the social security unit did not pay to make up for the payment, which is the legitimate rights and interests of workers. As long as the parties and the unit signed a labor contract and in the validity of the contract, the employer should participate in the social security insurance. The probationary period is also part of the contract period, and during the probationary period, the employee enjoys the same rights as a regular employee. It's not too late for the employer to make up the social security contributions before leaving the company.

Legal analysis

According to the regulations, as long as the person and the unit signed a labor contract and the contract is valid, the employer should participate in the social security insurance, and does not avoid the trial period. The social insurance law requires that the employee within one month of joining the unit to pay social insurance for employees, labor contract hair also has provisions, if the unit does not pay social insurance for employees on time, the employee can leave, you can first and the unit to give you the unit to make up for the requirement of social security, make up for the payment for the departure. The employer has not paid the social insurance premiums or make up the full amount of the overdue, social insurance premium collection agency can query its deposit account with banks and other financial institutions; and can apply for the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify in writing its depositary bank or other financial institutions to allocate the social insurance premiums. If the balance in the account of an employer is less than the social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferred payment of premiums.

Legal Basis

The Social Insurance Law of the People's Republic of China

Article 4: Employers and individuals in the territory of the People's Republic of China shall, in accordance with the law, pay social insurance premiums and have the right to inquire about the records of payment of premiums and the records of the rights and interests of individuals, and to request that the social insurance administrative agencies provide social insurance consultation and other related services. Individuals enjoy social insurance benefits in accordance with the law, and have the right to supervise the payment of contributions on their behalf by their own units.

Article 72 The social insurance fund determines its sources of funding in accordance with the type of insurance, and gradually implements social integration. Employers and workers must participate in social insurance and pay social insurance premiums in accordance with law.