Do you apply for not paying social security?

Legal analysis: No, it is illegal not to pay social security during the probation period. Social insurance is compulsory insurance implemented by the state for the life and medical security of employees. Of all the benefits enjoyed by employees, only social security is mandatory. One gold is not mandatory, and five risks are mandatory.

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 between employers and employees, and employers should implement them in accordance with national laws and regulations.

Even if there is a written agreement between the two parties, it is illegal as long as it violates the mandatory provisions of laws and regulations. Once both parties resort to the law, they should still follow the relevant national labor laws and regulations.

Failure to pay social security during the probation period is an illegal act of the employer stipulated in Article 38 of the Labor Contract Law. Once the employee resigns on this ground, the company will have to pay huge economic compensation costs for the length of service.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 2 The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, so as to guarantee citizens' right to receive material assistance from the state and society in accordance with the law in case of old age, illness, industrial injury, unemployment and maternity.

Article 3 The social insurance system adheres to the principles of wide coverage, basic protection, multi-level and sustainability, and the level of social insurance should be compatible with the level of economic and social development.

Article 4 Employers and individuals in People's Republic of China (PRC) shall pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and ask social insurance agencies to provide social insurance consultation and other related services.

Individuals enjoy social insurance benefits according to law and have the right to supervise the payment of their own units.