Can the company claim compensation for failing to pay social security during the probation period?

Can the company claim compensation for failing to pay social security during the probation period?

During the probation period, if the company fails to pay social security for you, you have the right to claim compensation. According to the relevant provisions of People's Republic of China (PRC) Labor Law and Social Insurance Law, employers should pay social insurance premiums for workers, otherwise they will bear corresponding legal responsibilities. At this point, the laborer can claim compensation from the company.

During the probation period, the company failed to pay social security for you. You can take the following measures:

1. Negotiate with the company: First, you can negotiate with the company and ask the company to pay the social security fee for you. You can submit a written application to the company, stating that the company has not paid social security for you and requires the company to pay social security fees. If the company agrees to pay the social security fee, you can continue to work during the probation period and wait for the company to pay the social security fee.

2. Complaint and report: If the company does not agree to pay social security fees, you can complain and report to the local labor inspection department and ask the labor inspection department to intervene. The labor inspection department will investigate the company's behavior and order the company to pay social security fees for you.

3. Bring a lawsuit: If the above two methods can't solve the problem, you can bring a lawsuit to the local labor arbitration department and ask the company to compensate you for your losses. In the process of litigation, you need to provide relevant evidence to prove the fact that the company failed to pay social security for you and your losses.

To sum up:

During the probation period, if the company fails to pay social security for you, you have the right to claim compensation. You can safeguard your legitimate rights and interests by consulting with the company, complaining or filing a lawsuit. At the same time, it is recommended that you keep relevant evidence during the probation period for future use.

Legal basis:

Article 3 of the Labor Law of People's Republic of China (PRC) stipulates: "Laborers enjoy the rights of equal employment and occupation selection, remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, submission of labor dispute settlement and other labor rights stipulated by law."

Article 4 of the Social Insurance Law of People's Republic of China (PRC) stipulates: "Employers and individuals in People's Republic of China (PRC) pay social insurance premiums according to law, and have the right to inquire about payment records and personal rights and interests records, and require social insurance agencies to provide social insurance consultation and other related services."