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Do new employees have to apply for social insurance in the month when they sign labor contracts? Don't you have a six-month probation?

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Do new employees have to apply for social insurance in the month when they sign labor contracts? Don't you have a six-month probation?


        

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  • 2024-06-14 16:01:40

    Do new employees have to apply for social insurance in the month when they sign labor contracts? Don't you have a six-month probation? Social insurance premiums shall be paid for employees from the date of employment. According to Article 19 of the Labor Contract Law, the employer shall conclude a written labor contract with the worker within one month of employment, and the probation period shall be included in the labor contract period. According to Article 58 of 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, and pay social insurance premiums from the date of employment. Article 19 of the Labor Contract Law stipulates that if the term of a 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 or without a fixed term of more than three years shall not exceed six months.
    The same employer and the same worker can only agree on one probation period. A probation period may not be stipulated in a labor contract whose term is to complete a certain task or whose term is less than three months. The probation period is included in the term of the labor contract. If the labor contract only stipulates a probation period, the probation period shall not be established, and this period shall be the term of the labor contract. thus it can be seen. A labor contract needs to be signed during the probation period. In order to take the initiative and prevent being "locked up", many enterprises often do not sign any form of labor contract or only sign a "probation contract" with employees during the probation period. In fact, this practice is counterproductive. Because even if the enterprise has not signed a labor contract with its employees, as long as there is a labor relationship between the two parties, this situation is still protected by law as a factual labor relationship. If an enterprise wants to terminate this factual labor relationship, it must notify the employees 30 days in advance and compensate them according to law; The law also stipulates that if only a probation contract is signed, the probation period is not established, and the "probation period" is the term of the labor contract. 1 The above is the answer to your question. I hope it will be helpful to you.

    M***

    2024-06-14 16:01:40

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