I resigned during the probation period, and the company approved to deduct my social security pension for two months. Is this legal?

It is not illegal for the company to deduct the part that employees should bear, but it is illegal for the company to deduct the part that the company should bear. During the probation period, enterprises are obliged to pay social security and wages for employees, but individual contributions have been deducted from wages, and they have no right to withhold social security fees after leaving their jobs. Resignation during the probation period is in full compliance with the labor law.

Legal analysis

According to relevant laws and regulations, as long as the labor contract is established, the company will pay social insurance for its employees. A labor contract may stipulate a probation period, but the probation period shall not exceed six months. The probation period is included in the labor contract period, and it is the legal obligation of the employer to pay social insurance and other five insurances and one gold for the workers during the labor contract period. When resigning during the probation period, the company cannot deduct the employee's salary in principle, unless the employee has caused any property loss to the company during his tenure. Under normal circumstances, the employee can terminate the labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period. If the employer and the employee dissolve or terminate the labor contract according to law, the employer shall pay the employee's salary in one lump sum when going through the formalities with the employee. The specific salary payment time can be implemented according to the salary payment date agreed in the contract, or it can be settled in one lump sum on the day of resignation.

legal ground

Article 58 of the Social Insurance Law of People's Republic of China (PRC), the employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for 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.