Does the labor law stipulate that social security should be paid during the probation period?

The labor law stipulates that social security should be paid during the probation period.

Because according to the regulations, the probation period is included in the term of the labor contract. In other words, the probation period is part of the time limit for employers to establish labor relations with workers. The provisions that employers and workers must participate in social insurance and pay social insurance premiums according to law also apply to employees on probation. In other words, during the probation period, the employer must also pay social insurance premiums for employees.

Provisions on social security during probation are as follows:

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.

To sum up, the labor law stipulates that social security should be paid during the probation period. Because according to the regulations, the probation period is included in the term of the labor contract. In other words, the probation period is part of the time limit for employers to establish labor relations with workers. The provisions that employers and workers must participate in social insurance and pay social insurance premiums according to law also apply to employees on probation.

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.