During the probation period, the company does not pay five insurances and one gold. Can it ask for a supplementary payment after leaving the company?

If the company fails to pay five insurances and one gold during the probation period, it can ask for payment after leaving the company.

Legal analysis

It is illegal and invalid for the employer to sign a labor contract with the employee not to pay five insurances and one gold during the probation period. If an employee resigns for three months, if the employer fails to pay social security for him, the employee can complain to the local social security department and ask the employer to pay social security for him. 1, social insurance is compulsory insurance required by the state. The state develops social insurance undertakings, establishes a social insurance system and sets up a social insurance fund, with the aim of enabling workers to get help and enjoy insurance benefits in old age, illness, work injury, unemployment and childbirth. According to the law, it is the legal obligation of the employer to pay social insurance for workers, which is obviously mandatory by the state. The employer shall not refuse to undertake this legal obligation under any excuse or reason. 2. The employing unit shall timely fulfill its obligation to pay social insurance for workers according to law. The employer establishes a labor relationship with the employee, that is, within 30 days from the date of employment, it applies to the social insurance agency for social insurance registration. After self-declaration, the employer shall pay the social insurance premium in full and on time, and shall not postpone or reduce the payment except for legal reasons such as force majeure. If the employer fails to pay social insurance on time, the social security collection agency shall order it to pay or make up within a time limit. If the employer fails to pay or repay the social insurance premium within the time limit, the social security agency may inquire with its bank or its bank, and may apply to the administrative department at or above the county level for the allocation of social insurance premium.

legal ground

Article 84 of the Social Insurance Law of People's Republic of China (PRC), if the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.