Traditional Culture Encyclopedia - Photography major - According to Article 58 of the Social Security Law, is it illegal for the company to ask me to pay five insurances in full during the probation period?
According to Article 58 of the Social Security Law, is it illegal for the company to ask me to pay five insurances in full during the probation period?
According to Article 58 of the Social Security Law, the employer shall apply to the social insurance agency for social insurance registration within 30 days from the date of employment. Failing to apply for social insurance registration; The social insurance agency shall verify the social insurance premium it should pay.
According to this requirement, the employer actually needs to pay insurance for employees gradually when they receive their first month's salary after joining the company. Due to the payment of social security, not only enterprises pay part, but also individuals pay part, and the payment base of social security is usually based on the employee's salary in the previous year, but for new employees, it is only based on the monthly salary. In fact, when you pay your salary for the first time, you should deduct the social insurance premium of that month.
But in real life, there are indeed many companies that require employees not to pay insurance during the probation period, but now the supervision and inspection are very strict. The internship only requires the first month's salary, and social security must be applied. Therefore, in order to avoid inspection, many employers require employees to pay social security during the probation period. Workers who undertake more can only undertake three insurances, namely social endowment insurance, medical insurance and unemployment insurance, because maternity insurance and industrial injury insurance do not constitute the proportion of their own employees.
In the process of operation, in fact, everyone did not stipulate that everything should be protected by law, and they joked about their work for no reason. After all, students' employment comes first. How to strike a balance between the two here is also a plastic art and a countermeasure. If the internship period is only one month, I especially like this job, and the salary and office environment are ok, then it is not a big deal to pay the personal social security in full for one month; If the internship lasts more than three months or even six months, then the enterprise needs to bear the full amount of personal social security during the internship, which is probably too much.
Moreover, the longer the internship period, the more months employees will bear personal social security, which is undoubtedly a very big economic burden for employees. Moreover, through the personal social security during the internship period, it also reflects that the concept of corporate rule of law is very lacking, especially casual, and even has the probability of fraud. So for this kind of enterprise, the work may be unstable for a long time. It is better to report to the social security agency or the tax department as soon as possible and ask the company to return the full payment to the part belonging to the enterprise, so as to avoid the company hurting employees and deceiving migrant workers. I also have the opportunity to find a job again and re-enter the employment of students.
Generally speaking, it is undoubtedly illegal for an enterprise to let you pay the five insurances in full during the internship period. Maternity insurance and industrial injury insurance in employees' own five insurances do not constitute the proportion of payment. Even for the three major commercial insurances that need to bear the proportion of payment, they only need to work in the company for one month, and basically they have to go through the payment procedures. During the internship period, it is an obvious practical method to ask employees to pay five insurances in full. Not only illegal, but also illegal.
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