Is it legal to delay social insurance until after the probationary period?
David, a recent university graduate, started working for a fashion magazine earlier this year. He signed a 2-year labor contract with a 2-month probationary period. On the first day of work, David asked about his social insurance contributions, but the company’s HR told him that the company would only start paying social insurance if he successfully passed the regularization assessment at the end of the probationary period. Is this practice legal?
Social insurance is a mandatory policy implemented by the state to provide life and medical security for employees. "Mandatory" means the rights and obligations of both parties are governed by laws and cannot be negotiated. Once an employment relationship is established, the employer is required to register the employee for social insurance.
As stipulated by law, a labor relationship is considered established from the start date of employment and the probationary period is included in the labor contract. Employers must complete social insurance registration within 30 days from the date of employment and begin making contributions in accordance with the law.
Reminder: Failure to pay social insurance during the probationary period violates the employees' rights and interests and can result in legal consequences for the employer.
Source: "shrsjwx" WeChat account
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