The company didn't pay social security during the probation period, and didn't pay it until it turned positive. Is it illegal for the company and can it be used as a condition to terminate the labor c

The company didn't pay social security during the probation period, and didn't pay it until it turned positive. Is it illegal for the company and can it be used as a condition to terminate the labor contract? If the probation period is included in the labor contract period, the employer shall pay social security for the workers during the contract period. Paying social security is the legal obligation of the enterprise, and it is illegal for the company not to pay social security during the probation period. If the employer fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract with the employer.

Legal analysis

According to the labor law and social security regulations, the probation period is also subject to social security, and social security must be paid as long as there is labor relations. Whether employees become regular employees or not, the company should pay social insurance for them. Payment units must declare the amount of social insurance premiums payable to social insurance agencies on a monthly basis, and pay social insurance premiums within the prescribed time limit after being approved by social insurance agencies. If the payer fails to declare the amount of social insurance premiums payable in accordance with the regulations, the social insurance agency shall temporarily determine the amount payable according to 1 10% of the amount paid by the unit last month; If there is no amount paid last month, the social insurance agency shall temporarily determine the amount to be paid according to the operating conditions of the unit and the number of employees. After the payer completes the declaration procedures and pays the social insurance premium according to the approved amount, the social insurance agency shall settle the account according to the regulations. How to compensate for not paying social security during the three-month probation period: 1. Negotiate with enterprises and ask them not to pay social security for themselves. If the unit still does not pay, then the employee has the right to terminate the labor contract voluntarily. 2. Complain to the labor inspection brigade, and the labor inspection brigade will send people to the unit for investigation. If the situation meets, the unit will face corresponding punishment, and of course, the social security owed by employees will also be filled. 3. When applying for labor arbitration, the relevant departments will require the units involved to pay back the social security of employees and pay certain economic compensation. If the company does not sign labor contracts with employees or pay social security for employees, according to the regulations, the company and employees will bear twice the economic compensation during the cooperation period, then the company will pay a higher price and employees will also get corresponding compensation.

legal ground

Article 38 of the Labor Contract Law of People's Republic of China (PRC): In any of the following circumstances, the employee may terminate the labor contract: (1) failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations. If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.