Is it legal not to take five insurances during the probation period?

It is illegal not to take five insurances during the probation period.

The employer and the employee may agree on a probation period in the labor contract, which is included in the term of the labor contract. According to the law, the unit must pay five insurances for employees, and the probation period is also the term of the labor contract protected by law, so it is illegal not to pay five insurances during the probation period.

The consequences of not paying five insurances to employees are as follows:

1. administrative responsibility: if the social security is not paid, the social security administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than one time and less than three times the amount of social insurance premium shall be paid, and a fine of more than 500 yuan and less than 3,000 yuan shall be imposed on the directly responsible person in charge and other directly responsible personnel;

2. Civil liability: the company should compensate for losses such as pensions; If the labor contract is terminated due to failure to pay social security, the company shall pay economic compensation.

The salary for probation period is calculated as follows:

1. The salary during the probation period shall not be lower than the minimum salary for the same position of the unit, and shall be calculated according to a certain proportion of the official salary;

2. The salary during the probation period is 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard where the employer is located;

3. Pay wages according to the actual working days of the workers, and the specific amount of wages can be determined by the workers and the employer through consultation.

A labor contract must have the following clauses:

1, the termination period of the labor contract;

2. Work content of workers;

3. Labor protection and working conditions;

4. Remuneration payable by the employer;

5. The discipline that workers should abide by;

6. Conditions for termination of the labor contract;

7. Legal liability.

To sum up, it is illegal for the company not to buy five insurances and one gold for employees during the probation period, because according to the law, as long as the labor contract is established, the company will pay social insurance for employees, and the probation period is included in the labor contract period. It is illegal not to pay social insurance after the probation period.

Legal basis:

Article 58 of People's Republic of China (PRC) Social Insurance Law

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its 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.