Does the probation unit pay social security to employees?

Social insurance is required during the probation period. The probation period is included in the term of the labor contract. During the term of the labor contract, it is a legal obligation for the employer to pay social insurance and other five insurances and one gold for the workers.

It is illegal to sign a separate trial contract.

1. In judicial practice, in order to avoid concluding labor contracts with workers, some employers often sign probation contracts with workers separately when recruiting workers, and then decide whether to formally hire the workers after the probation contracts expire. Its purpose is often to circumvent the law and use cheap labor during the probation period to facilitate the termination of the labor contract; The Labor Contract Law stipulates that if the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract. As long as the labor contract is established, social insurance must be paid. The probation period is included in the labor contract period, so social insurance should be paid.

2. The probation period shall be stipulated in the terms of the labor contract, and the probation period agreed orally shall not be recognized, which belongs to the time limit agreed in the labor contract.

At present, many companies verbally agree on the probation period and do not pay social insurance. Indeed, a few companies try to evade their legal obligations. However, it should not be overlooked that it is quite common for companies to feel unsuitable to be dismissed or voluntarily leave their jobs for one or two months because of the high mobility of domestic staff. However, the procedures of signing labor contracts and paying social insurance are complicated, and they frequently join and leave in a short period of time. Some people don't care whether they pay social insurance or not. From the perspective of simplifying the work, a lot of work in the human resources department of the unit is not standardized. Even if there is a written agreement between the two parties, as long as it violates the mandatory provisions of laws and regulations, the agreement is illegal, and both parties should still implement it in accordance with laws and regulations. After the establishment of labor relations, employees must apply for social insurance, and employers should have a clear concept of paying social insurance after the establishment of labor relations.

Legal basis:

Article 72 of the Labor Contract Law of People's Republic of China (PRC) determines the sources of social insurance funds according to the types of insurance, and gradually implements social co-ordination. Employers and workers must participate in social insurance and pay social insurance premiums according to law.