Is the probation period legal without social security?

It is illegal for a company not to pay social security during the probation period. The law clearly stipulates that enterprises should pay social insurance premiums for employees on probation.

It is illegal not to pay social security during the probation period for the following specific reasons:

1, the law clearly stipulates that enterprises should pay social insurance premiums for employees on probation:

(1) The employing unit shall, within 30 days from the date of its establishment, apply to the local social insurance agency for social insurance registration with its business license, registration certificate or unit seal;

(two) the social insurance agency shall examine and issue the social insurance registration certificate within fifteen days from the date of receiving the application;

2. For the behavior of not buying social security during the probation period:

(1) The employee can negotiate with the employer first;

(2) If negotiation fails, you can complain to the regulatory authorities or apply for arbitration;

3. Employers and workers must participate in social insurance and pay social insurance premiums according to law. This provision belongs to the mandatory provisions of national laws. For employees, it is both a right and an obligation, and it is not allowed to change it through personal agreement. Otherwise, the agreement is deemed invalid, which violates the mandatory provisions of laws and administrative regulations, and the contract is invalid.

If the probation unit does not pay social insurance to employees, how can employees protect their rights?

1. Laborers can defend their rights according to law and require employers to pay their own social insurance premiums, which may easily lead to labor disputes between both parties;

2. The administrative department of social insurance may impose administrative penalties on the illegal acts of the employing unit;

3. Laborers can voluntarily terminate the labor contract according to Article 38 of the Labor Contract Law, and require the employer to pay economic compensation;

4. If the employee suffers from serious diseases, industrial accidents and other emergencies during the probation period, resulting in huge compensation expenses, the employer shall bear the expenses. Employers can only avoid legal risks by paying social insurance premiums for all employees, including probation period, and operating legally, otherwise they will bear high illegal costs.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

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.