Can I have social security during the probation period?

1. Can I have social security during the probation period?

First of all, according to the relevant laws and regulations, labor relations are established from the date of employment. That is, there is a labor relationship between workers and employers during the probation period.

Secondly, as long as labor relations are established, social insurance premiums should be paid. 1994 Article 72 of the Interpretation of the Ministry of Labor on Several Articles of the Labor Law of People's Republic of China (PRC) clearly stipulates: "Employers and laborers must participate in social insurance and pay social insurance premiums according to law." Therefore, paying social insurance premiums is the legal obligation of employers and workers.

Social insurance is compulsory insurance implemented by the state for the life and medical security of employees. The so-called mandatory 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 or not to pay social insurance and how to pay it are not negotiable matters between employers and employees, and employers should implement them in accordance with laws and regulations. If both parties agree not to pay social insurance premiums, the agreement is also invalid.

Laws and regulations related to probation period:

People's Republic of China (PRC) (China) Labor Contract Law

Article 19 If the term of a 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.

A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months.

The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.

Article 20 The wages of workers during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probation period, the employing unit may not terminate the labor contract except under the circumstances specified in Article 39 and Item 1 and Item 2 of Article 40 of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee.

Second, what should I do if the probation unit deducts wages?

1. If there is an agreement in the labor contract, it shall be handled according to the labor contract, and the unit cannot unilaterally change it at will.

2. The labor contract shall not violate the law, and the salary during the probation period shall not be lower than the local minimum wage, after deducting the "foreign capital" (social security, medical insurance, etc.). , or comprehensive insurance for migrant workers) shall not be lower than the local minimum wage (for example, Shanghai is 840 yuan).

3. The limitation of labor arbitration is only 60 days.

As long as the employee signs a labor contract with the employer, even after the probation period, the employer needs to buy insurance for the employee. Moreover, the two sides can't buy insurance after reaching an agreement, and our country's law stipulates that social insurance is compulsory to buy.