Trial period did not pay social security how to ask for compensation

The probationary period did not pay social security, the employee can ask the employer to compensate. Specific compensation needs to be based on the relevant laws and regulations and labor contracts for negotiation.

One, understand the probationary period of social security payment regulations

In the probationary period, the employer shall pay social insurance premiums for employees according to law. Employees in the entry, should be clear with the employer social security payment matters, and in the labor contract to be agreed. If the employer fails to pay social security contributions, the employee is entitled to compensation.

Two, with the employer negotiation

Employees found that the probationary period did not pay social security, should first communicate with the employer to understand the specific situation and put forward compensation requirements. Both sides can be based on the labor contract and related laws and regulations, the amount of compensation, the way to negotiate. If the negotiation reaches an agreement, a written agreement can be signed to clarify the compensation.

Third, apply for labor arbitration or litigation

If the negotiation with the employer is fruitless, the employee can apply for labor arbitration to the local labor arbitration institution or file a lawsuit to the People's Court according to the law. When applying for labor arbitration or filing a lawsuit, the employee needs to provide relevant evidence, such as labor contracts, pay stubs, social security payment records, etc., to prove that the employer has failed to pay the required social security.

Fourth, safeguard their own rights and interests

During the whole process, employees should keep relevant evidence, such as communication records, negotiation agreements, etc., in case of emergency. At the same time, employees should understand the relevant laws and regulations to ensure that their rights and interests are fully protected. If necessary, they can seek legal assistance or consult a professional lawyer.

In summary:

When social security is not paid during the probationary period, employees have the right to demand compensation from the employer. Employees should first understand the provisions of social security payment, and negotiate with the employer to deal with it; if the negotiation is fruitless, they can apply for labor arbitration or file a lawsuit. Throughout the process, the employee should keep the relevant evidence to safeguard their own rights and interests.

Legal basis:

The Social Insurance Law of the People's Republic of China

Article 58 stipulates:

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 employer fails to register for social insurance, the social insurance agency shall authorize the social insurance premiums to be paid by the employer.

The Law of the People's Republic of China on Labor Contracts

Article 38 stipulates:

Where an employer fails to pay social insurance premiums for a worker in accordance with the law, the worker may terminate the labor contract.

The Law of the People's Republic of China on Labor Contracts

Article 80 stipulates:

If the rules and regulations of an employer that directly involve the personal interests of workers are in violation of the laws and regulations, the administrative department of labor shall order rectification and give a warning, and if it causes any damages to the workers, the employer shall be liable to pay compensation in accordance with the law.