How to compensate for not paying social security during the probation period of three months?

If the social security is not paid during the three-month probation period, the employer shall compensate the workers accordingly according to law. The specific amount and method of compensation should be comprehensively determined according to the actual losses of employees, the wage level and the degree of illegality of the employer.

First, the importance of social security contributions

Social security is an important system to protect the basic rights and interests of employees, including endowment insurance, medical insurance, unemployment insurance, work injury insurance and maternity insurance. Employees also enjoy these rights and interests during the probation period, and the employer shall pay social security fees for employees in full and on time.

Second, the illegality of not paying social security during the probation period

According to the provisions of China's Social Insurance Law, the employer shall handle social insurance registration for employees within 30 days from the date of employment. Probation employees, as employees of employers, should also be included in the social security system. Therefore, it is illegal not to pay social security during the probation period of three months.

Three. Determination of compensation method and amount

If the employer fails to pay social security during the probation period, the employee has the right to ask the employer to pay the corresponding compensation. The specific amount and method of compensation should be comprehensively determined according to the actual losses of employees, the wage level and the degree of illegality of the employer.

Generally speaking, compensation can include payment of social security fees, payment of late fees, payment of compensation, etc. Among them, paying social security fees is the most basic compensation method, and the employer should pay unpaid social security fees for employees during the probation period. In addition, according to the actual loss of employees and the degree of illegality of the employer, the employer can also be required to pay a certain percentage of compensation.

Fourth, ways to protect employees' rights and interests.

If employees find that the employer has not paid social security for themselves during the probation period, they can defend their rights through the following channels:

1, negotiate with the employer;

2. Complain and report to the labor inspection department;

3. Initiate labor dispute arbitration or litigation.

In the process of safeguarding rights, employees should keep relevant evidence, such as salary slips and social security payment records, to prove their rights and interests.

To sum up:

It is illegal to fail to pay social security during the three-month probation period, and the employer shall compensate the workers accordingly according to law. Employees can safeguard their rights and interests through consultation with the employing unit, complaint and report to the labor inspection department or bring labor dispute arbitration or litigation. In the process of safeguarding rights, employees should keep relevant evidence to prove their rights and interests.

Legal basis:

People's Republic of China (PRC) social insurance law

Article 58 provides that:

"The employer shall, within thirty days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance registration is not handled, the social insurance agency shall verify the social insurance premium that it should pay. "

People's Republic of China (PRC) labor contract law

Article 82 provides that:

"If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. If the employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with the employee, it shall pay the employee twice the monthly salary from the date when the open-ended labor contract should be concluded. "