[Direct answer]This is illegal. According to Article 58 of the Social Insurance Law of the People's Republic of China, employers shall apply to the social insurance agencies for social insurance registration for their employees within 30 days from the date of employment. The probationary period is included in the term of the labor contract and is considered part of the employment period. Employers cannot refuse to pay, delay payment, or require employees to bear the cost on the grounds of "the probationary period not being converted to a regular position". If social insurance is not paid in accordance with the law, workers may file a complaint with the social insurance agencies or labor supervision departments, and request that the employer be ordered to make up the payments within a specified period. If the employer terminates the contract on the grounds that the worker did not pay social insurance, or if the worker terminates the labor contract due to the employer's failure to pay social insurance in accordance with the law, the worker may claim economic compensation in accordance with the law.

1. Problem background and typical scenarios

When joining a new company, HR often says, "Don't pay for social insurance during the probationary period, and we'll make up for it after you're officially hired." Many people agree to this without fully understanding the implications. Related long-tail searches include "Is it mandatory to pay for social insurance during the probationary period?", "What should I do if the company doesn't pay for social insurance during the probationary period?", and "Can I claim compensation if the company doesn't pay for social insurance during the probationary period?" Social insurance is related to medical care, work-related injuries, retirement, and qualifications for household registration and home purchase, and it's not a "benefit" that can be negotiated away—it's a legal obligation.

II. Key points of contention

The controversy focuses on four points: first, whether the probation period is considered a period during which social insurance should be paid; second, whether the employee's promise to "voluntarily waive social insurance" is valid; third, the remedies and responsibilities for unpaid social insurance; and fourth, whether it is possible to terminate the contract and claim economic compensation based on this.

III. Professional analysis by Henglue Law Firm

First, statutory obligations cannot be contractually excluded. Social insurance is a mandatory protection system implemented by the state, and the obligation to pay contributions is directly stipulated by law. Employers and employees cannot agree not to pay or replace it with cash subsidies through agreements; even if employees sign a "voluntary waiver of social insurance commitment", such an agreement is invalid as it violates mandatory legal provisions, and employers should still make up for the arrears. Second, the starting point and supporting measures. The obligation to pay contributions begins from the date of employment, and registration must be completed within 30 days, with payments to commence from the following month. There is no difference in social insurance obligations between the probationary period and after becoming a regular employee. If contributions are not paid in accordance with the law, employees may claim compensation for losses such as work-related injuries and medical expenses from employers; if these affect eligibility for home purchases or household registration, employers may be required to provide explanations and make up for the arrears. Third, remedies. Complaints and reports can be filed with social insurance agencies or labor supervision departments, and administrative authorities may order employers to pay contributions within a specified period and impose late payment penalties. For issues related to retroactive payments or compensation arising from social insurance disputes, they can also be resolved through labor arbitration or litigation. Fourth, forced termination and economic compensation. If employers fail to pay social insurance premiums for employees in accordance with the law, employees may terminate the labor contract and claim economic compensation in accordance with Article 46 of the Labor Contract Law. Economic compensation is calculated based on one month's salary for each completed year of service, with six months or more but less than one year counted as one year, and less than six months counted as half a month. Henglue Lawyers remind that it is beneficial to verify social insurance payment records in a timely manner and assert rights as early as possible.

IV. Practical suggestions and legal basis

Action list: First, check the payment records through the social security platform or the handling agency; Second, submit a written request for retroactive payment to the employer and keep the communication records; Third, file a complaint with the social security handling agency or the labor and social security supervision department; Fourth, if eligible, terminate the contract and apply for labor arbitration to claim economic compensation. Main legal basis: Article 58, Article 60, Article 63, and Article 86 of the Social Insurance Law of the People's Republic of China (effective July 1, 2011); Article 38, Article 46, and Article 47 of the Labor Contract Law of the People's Republic of China. For matters involving labor arbitration and work-related injury compensation, you can proceed through the following channels:Labor arbitration and work-related injury compensationFor team-based handling, those involving the compliance review of corporate social insurance can be combined togetherBusiness and contract disputes in enterprisesService processing.

5. Henglu Law Firm's Advice

There are three key points regarding social insurance during the probationary period: 1. Registration must be completed within 30 days from the start date of employment, and contributions must be made during the probationary period. 2. Voluntary waivers of social insurance obligations are invalid, and the employer is still required to make retroactive payments. 3. If contributions are not made, employees can file complaints to demand retroactive payments and may terminate the contract to claim economic compensation. For labor rights-related issues, you can seek assistance through the following channels:Labor arbitration and work-related injury compensationFor team-related matters or questions regarding the compliance of corporate employment practices, please feel free to consult us.Business and contract disputes in enterprisesFor difficult issues involving the handling of social security disputes, you can refer to the following materials for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Is it necessary to pay social insurance during the probationary period?

It's necessary. The probationary period is part of the employment period within the term of the labor contract. The employer shall handle the social insurance registration and pay the social insurance premiums in accordance with the law within 30 days from the date of employment, and cannot delay or exempt from the obligation on the grounds of not being confirmed as a regular employee.

Q2: Is it valid to voluntarily give up social insurance?

This is invalid. Social insurance is a mandatory system implemented by the state, and the obligation to pay contributions cannot be excluded by agreement. The waiver signed by employees is usually invalid because it violates mandatory legal provisions, and the employer should still make up for the contributions.

Q3: How to protect your rights if you don't pay social insurance contributions?

First, you can submit a written request for retroactive payment to your employer, and then file a complaint or report to the social security agency or the labor and social security supervision department. The administrative authority will order the employer to make the payment within a specified time limit and impose a late payment penalty; if necessary, you can claim relevant losses through arbitration or litigation.

Q4: Can I get compensation if I resign because of this?

Yes. If the employer fails to pay social insurance premiums in accordance with the law, the employee may terminate the labor contract on this basis and claim economic compensation in accordance with Article 46 of the Labor Contract Law, with the standard calculated based on the length of service.

Q5: Will my benefits be affected after making up for the arrears?

Paying the arrears can restore the corresponding payment records, but it may be difficult to recover the losses incurred during the period of arrears for benefits such as medical care and maternity leave. Therefore, it is necessary to request to make up the arrears and check the payment details as soon as possible to avoid losing rights and benefits.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit.Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.