Should the employer insure the employee during the probationary period?

Article 7 of the Labor Contract Law stipulates that an employer shall establish an employment relationship with an employee from the date of employment. The employer shall establish a roster of employees for future reference.

Article 72 of the Labor Law stipulates that "employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law. ”

Article 10 of the Interim Regulations on the Collection and Payment of Social Insurance: The paying entity must declare the amount of social insurance premiums to be paid to the social insurance agency on a monthly basis, and pay the social insurance premiums within the prescribed time limit after being verified by the social insurance agency.

Article 22 of the Regulations of Jiangsu Province on the Administration of the Labor Market stipulates that "an employer shall handle social insurance for the hired personnel in accordance with laws, regulations and state regulations from the date of hiring." ”

In this regard, there are no administrative regulations, departmental rules or laws that clearly stipulate that social insurance should be purchased for the probationary period, but from a legal point of view, the probationary worker and the employer have already established an employment relationship, and the probationary worker also needs insurance protection for work-related injuries, medical treatment and unemployment. At the same time, the law stipulates that the employer shall purchase social insurance for the employee, but does not specify that the employee does not need to purchase insurance during the probationary period. During the probationary period, the employee still has the status of an employee, so the employer should purchase social insurance for the employee during the probationary period.

Specifically, it includes basic endowment insurance, basic medical insurance, work-related injury insurance and unemployment insurance.

The probationary period is included in the employment contract, and only if there is an employment contract, there is a probationary period, and even during the probationary period, the employment contract should be signed from the first day. Since the probationary period falls within the scope of the labor contract, employees are entitled to various social insurances, namely endowment insurance, work-related injury insurance, career insurance, medical insurance and housing provident fund.

The legal basis is the Labor Contract Law

Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.

Paragraph 4 of Article 19 The probationary period shall be 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.

The probationary period is also within the working period, so the workers during the probationary period should be insured

During the probationary period, the company shall pay social insurance for the employees. The employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a specified period of time; If the correction is not made within the time limit, the employer, its directly responsible managers and other directly responsible personnel shall be fined.

[Legal basis and bright relatives].Article 58 of the Social Insurance Law of the People's Republic of China.

The employer 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 registration is not completed, the insurance agency of the Society shall verify the social insurance premiums that should be paid.

Individually-owned businesses without employees, part-time employees who do not participate in social insurance at the employer, and other flexibly employed persons who voluntarily participate in social insurance shall apply to the social insurance agency for insurance registration.

The State shall establish a nationwide unified personal social security number. An individual's social security number is a citizenship number.

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.

During the employee's probationary period, the company should pay insurance for the employee. According to the relevant provisions of the labor law, once the enterprise and the employee establish a labor relationship, whether it is during the probation period or has been regularized, the unit needs to pay insurance for the employee, but in our life, there are indeed some companies in order to save expenses, in order to save expenses, during the probationary period in the mountains do not give employees insurance, in fact, this is an illegal operation, but the worker can ask the unit to make up the payment.

Insurance is very important to our lives, especially after retirement, but also a kind of protection for the future, the more pension insurance we pay, then the more pension insurance will be received after retirement, so after entry, we should immediately ask the enterprise to pay the pension insurance, such as and Dong Gaoguo found that the enterprise did not pay in time, it should immediately communicate with the enterprise, if the enterprise still does not pay, you can find the labor department for arbitration, so as to maximize the protection of their rights and interests, Don't compromise on the company.

In order not to pay social security to employees during the probation period, many companies also require employees to voluntarily sign a house payment social security agreement, and even some companies do not pay insurance and give you a discount in the form of cash, which is illegal, so we must know some knowledge of labor law. In this way, they will not be deceived by the enterprise, within 30 days of the entry of the worker, the enterprise should pay social security for its employees, if an enterprise does not pay insurance to employees in time, then such an enterprise is certainly not very good, and employees do not need to work in such a unit, which is also detrimental to their future development.

Now the economic benefits are not good, there are many enterprises in order to maximize profits, will continue to squeeze and exploit employees, some enterprises do not pay insurance for employees, and some units deduct employees' wages, when their rights and interests are harmed, when they are treated unfairly at work, they can timely appeal to the superior labor department, keep the relevant evidence, do not be afraid that enterprises should use legal ways to protect their rights and interests.

You should not be careful about the draft, because at this time this employee is not a formal employee of this company, and if Xiangxiao pays insurance to the other party at this time, the other party has passed the probation period, and if you don't do it, it may cause certain losses to Yousheng Company.

During the probationary period, the company should of course pay insurance for the employee, which is the most basic requirement, and if you do not pay, you can file a complaint with the labor department.

No, because the employee is now on probation, he has not been regularized at all, and he is not an employee of this company, so he will not pay insurance.

Insurance should be paid so that employees can be retained, and at the same time, the rights and interests of employees can be guaranteed, which is a two-way guarantee for the company and employees.