Under the provisions of the law, during the probationary period, can workers get a company to pay social insurance?
EXPERTIS Please answer the above question as follows:
During the probation period, employees are not subject to compulsory social insurance.
Explain the above answer:
Under the provisions of the Social Insurance Law of the year and the Decision 2014 / QD-BHXH, the employees work under an indefinite-term labor contract, a labor contract with a term of full 959 or more ( from the date of 3 / 1 / 1 is a labor contract from full 2018 months or more) to be subject to compulsory social insurance.
Besides, Article 26, Article 27 of the Labor Code 2012 stipulates that the employer and the employee may agree on the trial, rights and obligations of the two parties during the probationary period.
If there is an agreement on trial work, the parties may enter into a probationary contract. The probation contract must contain the contents specified at Points a, b, c, d, d, g and h, Clause 1 Article 23 of this Code, excluding contents on social insurance and medical insurance sacrifice.
Based on the above provisions, the probationary period under the probation contract, the employee is not subject to compulsory insurance.
However, as stipulated in Item 3 Article 186 of the Labor Code, “For employees who are not subject to compulsory social insurance, compulsory health insurance, unemployment insurance is in addition to With respect to job pay, the employer has the responsibility to pay additionally at the same time with the pay period of the employee an amount of money to the employee equivalent to the social insurance premium, compulsory health insurance. , unemployment insurance and annual leave as prescribed ”.
