During the probationary period, the unit should not pay insurance

Updated on society 2024-03-23
5 answers
  1. Anonymous users2024-02-07

    Answer: During the probationary period, the unit and the employee should also pay five insurances and one housing fund in accordance with the relevant regulations, because the probation period is an integral part of the contract period, and it is not isolated outside the contract period. In addition, it is a legal obligation for an enterprise to provide insurance to its employees, which does not depend on the will or willingness of the parties, even if the employees indicate that they do not need to pay insurance.

    Can the five insurances and one housing fund be reduced or exemptedAnswer: In accordance with the relevant provisions of the law, for the five insurances and one housing fund, the paying units and individuals shall pay in full and on time in monetary form, and the part that should be paid by the individual shall be withheld from his salary by the unit. Five social insurance and one housing fund shall not be reduced or exempted according to the regulations, and the unit with difficulties in paying the housing provident fund shall be approved by the unit.

    Workers' Congress.

    Answer: Due to the different economic development conditions in various places, the payment ratio of five social insurance and one housing fund is different across the country, and the current payment ratio in Sichuan Province is as follows: Pension insurance payment ratio:

    20% for units and 8% for individuals; Medical insurance contribution ratio: 2% for units and individuals; Unemployment insurance contribution ratio: 2% for units and 1% for individuals.

  2. Anonymous users2024-02-06

    Does the employer need to pay social security to employees during the probationary period?

  3. Anonymous users2024-02-05

    Legal analysis: Although the employment relationship between the two parties has not been finalized during the probationary period, it has indeed been formed, so the enterprise should pay social insurance for the employees during the probationary period. The law stipulates that if the employment contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the employment contract.

    Legal basis: Article 19 of the Labor Contract Law of the People's Republic of China.

    If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period shall not be agreed.

    The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

  4. Anonymous users2024-02-04

    The probationary period is one month to three months. Employees need to be insured during the probationary period.

    According to the relevant provisions of the Labor Contract Law, during the existence of the labor relationship, the employer shall pay social insurance for the employee in accordance with the law. The probationary period is included in the term of the employment contract. Therefore, the employer shall pay social insurance for the employees who are on probation in accordance with the law.

    Paragraph 4 of Article 19 of the Law on Contracts for Persons Returning to Labor Force: The probationary period is included in the term of the labor contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

    1. Do I need to sign a labor contract during the probation period?

    According to the Labor Law, the employer should also sign an employment contract with the employee during the probationary period, which is the protection of the employee, and the probationary period is also a part of the employment contract and a part of the contract period.

    Therefore, the company is still relatively standardized, but it should be noted when signing:

    1. Some provisions on the probation period in the contract; Generally speaking, both parties can terminate the contract at any time.

    2. The relationship between the time of the probationary period and the length of the contract:

    If the contract period is half a year, the probationary period shall not exceed 15 days;

    If the contract term is one year, the probationary period shall not exceed one month;

    If the contract period is less than three years, the probationary period shall not exceed three months;

    If the contract period exceeds three years, the probationary period can be extended, but the maximum shall not exceed 6 months (that is, the maximum probationary period is 6 months, but the labor contract must be signed for more than 3 years).

    3. Welfare during the probation period:

    The basic insurance is to be borne by the employee as soon as he or she joins the employer, regardless of whether it is a probationary period or not.

    So you're a little too worried, and if you leave during the probationary period, it's normal not to be liable for breach of contract.

    2. How to calculate the salary for resignation during the probation period.

    1. The salary of the employee during the probation period shall be calculated according to the number of days of normal attendance and the number of overtime hours, and the actual monthly salary Monthly salary 21 75 Actual days of attendance; The calculation of overtime pay on working days: monthly wage 21 75 8 overtime hours 1 5 times; Calculation method of overtime pay on weekends and weekends: monthly wage 21 75 8 overtime hours 2 times; Calculation method of overtime pay on statutory holidays:

    Monthly wage 21 75 8 Overtime hours 3 times.

    2. Resignation during the probationary period, the company cannot deduct wages in principle, unless there is any property loss caused to the company during the employment period, under normal circumstances, the resignation during the probationary period should be notified to the company's personnel department three days in advance, and the salary will be settled in person on the day of resignation, and second, it will be paid to the employee on the date of the company's regular payroll.

  5. Anonymous users2024-02-03

    It needs to be paid.

    According to Article 4 of the Social Insurance Law, employers and individuals within the territory of the People's Republic of China who pay social insurance premiums in accordance with the law have the right to inquire about payment records and personal rights and interests records, and require social insurance agencies to provide social insurance consulting and other related services. Individuals who enjoy social insurance in accordance with the law have the right to supervise their own units' contributions.

    Employees shall participate in the basic endowment insurance, and the employer and the employee shall jointly pay the basic endowment insurance premiums. Individually-owned businesses without employees, part-time employees who have not participated in the basic pension insurance at the employer, and other flexibly employed persons may participate in the basic pension insurance, and the basic pension insurance premiums shall be paid by the individual.

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