No Social Security During Probation? Illegal! Employees Can Claim Severance Pay!

"Skip social security contributions during the probation period and add them after regularization." — This phrase sounds familiar, doesn't it? Many employers believe this is an "industry standard," but they are unaware that it is already illegal.

1. Explicit Legal Provisions

Article 58 of the Social Insurance Law stipulates that employers must apply for social insurance registration with the social insurance agency within 30 days from the date employment begins. Note: It is the "date employment begins," not the "probation period completion date."

The probationary period is included in the term of the labor contract, and employees are entitled to social insurance coverage starting from their first day of employment.

II. Legal Risks for Enterprises

1. Back payments for social insurance premiums and late fees;

2. Employees may resign under duress and claim severance pay (N).

3. In work-related injury accidents, the enterprise must bear full compensation liability independently.

4. Administrative penalties and credit sanctions.

III. Employee Rights Protection Pathways

1. File a complaint with the Social Security Bureau to demand back payments.

2. Notify the employer in writing to terminate the labor contract on the grounds of failure to pay social insurance as required by law;

3. File a labor arbitration claim for economic compensation.

4. If you are unable to access medical insurance or work-related injury benefits due to unpaid social security contributions, you may request compensation for losses from your employer.

IV. Compliance Recommendations

For small and micro enterprises, social security costs are indeed a burden, but the cost of non-compliance is even higher. Recommendation:

- Social security registration processed upon hiring;

- Set reasonable probation periods and salary standards;

- Leverage social security subsidy policies (e.g., subsidies for employing individuals with employment difficulties);

- Hire professional legal counsel to standardize employment practices.

Social security compliance is not optional—it's mandatory. For questions, contact Fujian Ciji Law Firm.