Do I have to be insured during the probationary period? Is there insurance during the probationary p

No. According to the Labor Contract Law, the probationary period is included in the term of the employment contract. Since the probationary period is within the scope of the term of the labor contract, the employee is entitled to various social insurances, namely endowment insurance, work-related injury insurance, medical insurance, etc.

If the employer does not pay social insurance during the employee's probationary period, it can make up the payment for the employee after the formal signing of the labor contract. Or go to the supervision department to complain.

According to the Labor Contract Law of the People's Republic of China:

Article 19 Where the term of a 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 must not be stipulated.

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.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

First of all, according to the relevant laws, the employment relationship is established from the date of employment. That is, during the probationary period, there is an employment relationship between the employee and the employer.

Second, as long as an employment relationship is established, social insurance contributions should be paid. Article 72 of the 1994 Explanation of the Ministry of Labor on Several Articles of the Labor Law of the People's Republic of China clearly stipulates that "employers and workers must participate in social insurance and pay social insurance premiums in accordance with the law.

Therefore, it is the legal obligation of employers and workers to pay social insurance premiums.

Social insurance is a compulsory insurance implemented by the state for the life and medical security of employees. The so-called coercion means that the rights and obligations of both parties are directly stipulated by laws and regulations, and the parties are not allowed to negotiate freely.

Therefore, whether and how to pay social insurance is not a matter that can be discussed between the employer and the employee, and the employer should implement it in accordance with the provisions of laws and regulations. If the parties agree not to pay social insurance premiums, the agreement is also invalid.

During the probation period, insurance must be taken, which is the responsibility of the company, and it is also the protection of the interests of employees stipulated by the state. Now this problem exists in many private enterprises, and if there is a work-related injury, the company must bear it completely, which is really worth the loss and illegal. The best way is for the company to negotiate with the employee to pay the employee's insurance premium for this month.

Do I have to pay social security during the probationary period?

There are laws and regulations.

According to Article 58 of the Social Insurance Law of the People's Republic of China, an employer shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If they fail to register for social insurance, the social insurance agency shall verify and approve the social insurance premiums they should pay.

The probationary period is included in the term of the employment contract. It is the common legal obligation of the employer and the employee to pay social insurance in accordance with the law, and it must be paid as long as it is during the establishment of the labor contract. 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 probationary period is an integral part of the contract period, and it is not isolated from the return of the contract period.

If the balance of the employer's account is less than the amount of social insurance premiums to be paid, or if the employer has not paid off the social insurance premiums in full after the transfer, the social insurance agency may require the employer to provide security in the form of mortgage or pledge.

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.