Is it legal to turn around and pay social security under the labor contract law?

Not legal. The probationary period must also pay social security, in principle, as long as the labor contract is signed, it is necessary to pay social security to the workers, if some employers unilaterally and the employee negotiated the probationary period does not pay social security, this situation workers can directly collect the evidence, and then filed labor arbitration.

A, the labor contract law to pay social security legal?

It is illegal not to pay social security during the trial period.

In practice, some employers unilaterally and even negotiate with the employees decided not to pay social security during the probationary period, after the probationary period, if the regularization after the start of payment. In fact, this is the result of misunderstanding of labor and social security laws and regulations. Social insurance is the state for the employee's life, medical security and the implementation of mandatory insurance. Of all the benefits enjoyed by employees, only social security is mandatory. One gold is not mandatory, but five insurance is a mandatory obligation to pay. Therefore, whether and how to pay social insurance is not a matter of mutual discussion between the employer and the employee, the employer should be in accordance with the provisions of national laws and regulations. Even if the two sides have a written agreement, as long as the mandatory provisions of laws and regulations are contrary to the agreement is illegal, the agreement of the two sides once the law, or according to the state of the relevant labor laws and regulations.

The probationary period of the same employees and enterprises have a labor relationship, the probationary period is a part of the labor contract period, should pay social security according to law.

The probationary period does not pay social security may be caused by the unit is very obvious two results, increase the risk of employment.

Two, the probationary period does not pay social security may have what consequences?

1, the probationary period does not pay social security, belongs to the Labor Contract Law, Article 38 of the employer's illegal behavior. Once an employee resigns on this ground, the company will have to pay a huge cost of economic compensation for the length of service.

In general, the employee resigns as long as the unit is not pursued for economic compensation, it is also not a problem. But the unit stipulates that the resignation must be 30 days in advance to notify the employer. This is legal. However, there is a situation, the employee resigned, not only do not need to notify the company in advance, but also have the right to demand economic compensation, which, the employer did not pay the full amount of social security according to law belongs to this situation. In the unit did not work for one year can require the unit to pay one month's salary compensation, less than a year full of six months according to one year. And so on, the longer the length of service, the more compensation.

2, the probationary period if the employee was injured at work, because the social security did not handle, so the social security agency is not to make any claims and subsidies. This part of the loss, will be transferred to the enterprise, by the enterprise to bear all the employee injury treatment and compensation. Such as medical expenses, lost wages, nutrition, disability compensation and a series of compensation.

In summary, if you do not pay social security to employees during the probationary period, it is a violation of the law of the employer, so if the laborer resigns because of the lack of payment of social security, then the original unit will have to give the laborer a large amount of economic compensation. In fact, the payment of social security and signing labor contracts on time, not only to protect the rights and interests of workers, but also to protect the rights and interests of the employer, so it is still necessary to do it according to the law.