Is it legal to buy social security after becoming a full member?

It is illegal to buy social security after becoming a regular employee.

I the legal nature of social insurance

Social insurance is a legal social security system in China, which aims to ensure that workers can get necessary material help when facing risks such as birth, old age, illness, death, injury and disability. According to the Social Insurance Law of People's Republic of China (PRC), the employer shall pay social insurance premiums for employees, including endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance.

Second, the protection of workers' rights and interests

The laborer establishes labor relations with the employer from the date of employment and becomes a regular employee. In this process, workers have the right to social insurance. The employing unit shall not delay or refuse to buy social security for workers for any reason, otherwise it will constitute an illegal act and damage the legitimate rights and interests of workers.

Third, the relationship between becoming a full member and social security purchase.

"Formal employment" usually means that after the probation period expires, the laborer passes the examination and formally becomes a formal employee of the employer. However, this does not mean that employers cannot buy social security for workers before they become formal workers. The purchase of social security should be linked to the time when workers take part in work, not to the time when they become full members.

Four. Consequences of illegal acts

If the employer violates the law and fails to register social insurance and pay social insurance premiums for the workers within 30 days from the date of employment, the workers have the right to ask the employer to pay social insurance premiums, and can complain and report to the labor inspection department. At the same time, the employer may also face administrative penalties, including fines.

To sum up:

It is illegal to buy social security after becoming a regular employee. The employing unit shall, within 30 days from the date of employment, handle social insurance registration and pay social insurance premiums for the workers. Workers have the right to social insurance, and the employer shall not delay or refuse to buy social insurance for workers for any reason. If the employer violates the law, the laborer has the right to demand payment of social security fees and can complain to the relevant departments.

Legal basis:

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

Article 58 provides that:

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.

Labor law of the people's Republic of China

Article 72 provides that:

The social insurance fund shall determine the source of funds according to the types of insurance and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law.