Traditional Culture Encyclopedia - Hotel accommodation - What if the hotel staff doesn't buy me social security during the probation period?
What if the hotel staff doesn't buy me social security during the probation period?
1. Is it illegal not to buy social security during the probation period?
It is illegal to buy social security during the probation period.
1. As long as the labor contract is established, social insurance must be paid. The probation period is included in the labor contract period, so social insurance should be paid.
2. The probation period is agreed in the terms of the labor contract, and the probation period agreed orally is not recognized, which belongs to the time limit agreed in the labor contract.
3. According to the Social Insurance Law, the employer shall apply to the social insurance agency for social insurance registration for its employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay. If the employer fails to pay the social insurance premium in full and on time, the social insurance premium collection agency shall order it to pay it within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed. Workers who do not buy social security can report to the local people's social security bureau.
Second, the minimum period of probation.
1. If the term of the labor contract is more than three months, a probation period may be agreed. In other words, a fixed-term labor contract can stipulate that the minimum starting point of the probation period is three months.
2. If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.
legal ground
People's Republic of China (PRC) social insurance law
Article 58 An employing unit 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 has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.
The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.
People's Republic of China (PRC) labor contract law
Nineteenth labor contract probation period of more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.
The same employer and the same worker can only agree on a probation period.
A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months.
The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.
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