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Is it legal to buy social security for three months?
Is it legal not to pay social security during the three-month probation period?
1, it is illegal not to pay social insurance during the three-month probation period, and the employer shall pay social insurance for employees according to law from the effective date of labor relations. Employers and workers must participate in social insurance and pay social insurance premiums according to law, and it is a legal obligation for units to pay social insurance for employees.
2. Legal basis: Article 38 of People's Republic of China (PRC) Labor Contract Law.
Under any of the following circumstances, the employer unilaterally terminates the labor contract, and the employee may terminate the labor contract:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract;
(2) Failing to pay labor remuneration in full and on time;
(3) Failing to pay social insurance premiums for laborers according to law;
(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.
Second, how to claim for not paying social security during the probation period?
If the employer refuses to pay social security during the probation period, the employee may ask the employer to compensate according to the actual losses suffered by him, and may complain to the social security agency, which will order him to pay within a time limit and impose a late fee on him. If the employer fails to apply for social insurance registration, 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.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 86 of People's Republic of China (PRC) Social Insurance Law.
If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.
Article 88
Whoever defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and a fine of not less than two times but not more than five times the amount defrauded shall be imposed.
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