Job Recruitment Website - Social security inquiry - During the probation period, the company will not help me buy social security. Is it legally binding for me to sign the agreement?
During the probation period, the company will not help me buy social security. Is it legally binding for me to sign the agreement?
Legal analysis
Paying social insurance premiums is the legal obligation of employers and workers, and should not be changed by any private agreement between the two parties. As long as labor relations are established, social insurance premiums should be paid. The probation period agreed between employees and employers is actually a preliminary investigation and a buffer to adapt to the working environment. The probation period is included in the labor term and so on. Therefore, employees cannot be deprived of social security just because they are still on probation. During the probation period, the company should also buy social security for employees. If employees do not purchase social security, they can report to the local people's social security bureau. As long as the labor contract is established, social insurance must be paid. The probation period is included in the labor contract period, so social insurance should be paid. The probation period shall be stipulated in the terms of the labor contract, and the probation period agreed orally shall not be recognized, which belongs to the time limit agreed in the labor contract. It is illegal for a company not to pay social security during the probation period. Workers can unilaterally terminate the labor contract, require the employer to pay economic compensation, or report to the administrative department of social insurance, which shall order them to make corrections within a time limit. The economic compensation shall be paid to the laborer according to the number of years the laborer has worked in this unit and the standard of paying one month's salary for each full year.
legal ground
Article 58 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration. The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.
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