[Direct answer]It's illegal. The probationary period is part of the duration of the labor relationship, and the employer should pay the housing provident fund for employees in accordance with the law. According to Article 15 of the "Regulations on the Management of Housing Provident Funds", when an employer hires an employee, it shall go to the housing provident fund management center to handle the registration of payment within 30 days from the date of hiring; Article 20 stipulates that the employer shall pay the housing provident fund on time and in full, and shall not pay it overdue or in shortage. It's not in accordance with the regulations to not pay, delay paying, or pay less of the housing provident fund on the grounds of the probationary period. Employees can file a complaint or report to the housing provident fund management center, and the management center shall order the employer to pay within a limited period; if the employer still fails to pay after the time limit, the employee can apply to the people's court for compulsory enforcement. During the probationary period, there is no essential difference between the labor rights and obligations of both parties and those during the formal period. The employer shall not evade the obligation of payment on this ground.

1. Problem background and typical scenarios

One of the most concerning issues for job seekers is whether they can enjoy full social insurance coverage during the probationary period. Typical scenarios include: companies not paying provident fund during the probationary period, or promising to make up for the payments after the probationary period but failing to do so; paying at the minimum base rate, which does not match the actual salary; only paying social insurance but not provident fund, leading workers to mistakenly believe that provident fund is not mandatory; evading payment obligations by using labor dispatch or outsourcing; and discovering missing payment records for several months during the probationary period when leaving the job. When handling provident fund complaints in Beijing, authorities typically require the provision of evidence of employment relationships and wages, which are then verified by the management center and require the employer to make up for the payments. It is particularly crucial for workers to provide evidence and protect their rights in a timely manner.

II. Key points of contention

First, whether the probationary period is considered a period during which housing provident fund should be deposited. Second, how to determine the starting time of the obligation to make deposits and the statutory time limit for completing the registration process. Third, whether the base amount for making deposits should be calculated based on the probationary period salary or the full salary. Fourth, whether it is valid for the employer to refuse to make deposits on the grounds that the employee voluntarily waived the right to do so. Fifth, who should bear the obligation to make deposits under employment forms such as labor dispatch and outsourcing. Sixth, the subject responsible for accepting complaints about making up for arrears and the time limit for handling them. Seventh, the path of compulsory enforcement against employers who refuse to make deposits. Eighth, whether workers' claims for making up for arrears are subject to a statute of limitations. These issues are related to whether workers can truly obtain their housing provident fund rights and benefits.

III. Professional analysis by Henglue Law Firm

Based on Henglu Law Firm's practical experience in handling labor disputes, there are four key points to note regarding the issue of housing provident funds. Firstly, the obligation to pay is statutory: the "Regulations on the Administration of Housing Provident Funds" clearly stipulate that employers must make on-time and full payments. The probationary period does not exempt them from this responsibility, and employers may not refuse to pay on the grounds that the employee has not been formally hired. Secondly, the payment base must be accurate: the payment base is typically the employee's average monthly salary from the previous year, and new employees are calculated based on their current monthly salary. Paying less than the minimum base also constitutes a violation. Thirdly, the correct approach must be chosen: for retroactive payments of housing provident funds, complaints and reports should generally be submitted to the housing provident fund management center, which will order the employer to make payments within a specified timeframe. If the payments are not made within the deadline, the employee can apply for court enforcement. This matter typically falls outside the scope of labor arbitration. Fourthly, evidence must be properly preserved: labor contracts, pay slips, recruitment notices, and attendance records are key materials for proving the employment relationship and salary standards. Fifthly, voluntary waivers are invalid: an employee's signed commitment to waive the payment of housing provident funds generally cannot exempt the employer from its statutory obligations. Sixthly, the statute of limitations and rights protection: in practice, the period for retroactive payments will be affected by local regulations and the availability of evidence, so it is advisable to file a complaint as soon as possible. Seventhly, if actual losses are caused by non-payment, the employee can separately claim compensation.

IV. Practical suggestions and legal basis

Practical suggestions: First, check the labor contract and the employment notice when you start work to confirm the payment commitment and the base amount; Second, keep the payroll records and salary slips to prove the actual salary level; Third, regularly check the payment records through the housing provident fund inquiry channel, and report any omissions promptly; Fourth, file a complaint and report to the housing provident fund management center, and request the unit to make payments within a specified period; Fifth, if the unit fails to make payments on time, urge the management center to apply for court enforcement; Sixth, do not easily believe in verbal promises of making up for the payments, and require them to form written records and follow up on their implementation. For more information, please refer to the platform's services.Labor arbitration and work-related injury compensation、Special services,Personal injury and medical disputes、Creditor's rights and debts, and enforcementAndBusiness and contract disputes in enterprisesLegal basis: Article 15, Article 20, and Article 38 of the Regulations on the Administration of Housing Provident Funds (amended in 2002 and implemented since March 24, 2002). The specific application shall be subject to the currently effective laws and regulations and the local regulations on the administration of housing provident funds.

5. Henglu Law Firm's Advice

Firstly, during the probationary period, employers should also pay into the provident fund, and cannot refuse to pay on the grounds that the employee has not been confirmed as a regular employee. Secondly, the payment base should be consistent with the employee's salary. Paying at the minimum base rate is a violation of regulations. Thirdly, the subject of accepting complaints for back payments is the housing provident fund management center, not the labor arbitration institution. Fourthly, the employee's voluntary waiver of rights is generally invalid, and the employer's obligations cannot be exempted. Fifthly, employers should check the payment records monthly and deal with any omissions promptly before the employee leaves the company. Sixthly, if the employer fails to make payments on time, the employee can apply to the management center for court enforcement. Seventhly, for cases involving multiple employees or long-term arrears in payments, it is advisable to collect and organize evidence centrally and file complaints collectively to improve the efficiency of handling such cases.

VI. Frequently Asked Questions

Q1: Is it illegal for the company to not pay the provident fund during the probationary period?

This is illegal. During the probationary period, the employer shall pay the housing provident fund in accordance with the law. According to Article 15 of the "Regulations on the Management of Housing Provident Funds", the employer shall handle the registration of the payment within 30 days from the date of employment. Article 20 requires that the payment shall be made in full and on time, and the employer shall not refuse to pay or make less payment on the grounds of the probationary period.

Q2: Can I ask my employer to make up for the arrears in my housing provident fund?

Yes. Employees can file complaints and reports with the housing provident fund management center, which will order the unit to make contributions within a specified time limit. If the unit still fails to make contributions after the deadline, the management center may apply to the people's court for enforcement. Making up arrears usually does not fall within the scope of labor arbitration. It is recommended to follow the complaint channels for housing provident funds and keep the relevant documents as evidence.

Q3: Is it legal to pay the provident fund at the minimum base rate?

It's illegal. The base amount for contributions is generally determined based on the employee's average monthly salary of the previous year, and new employees are determined based on their monthly salary. If the unit contributes at a minimum base amount that is significantly lower than the actual salary, it constitutes underpayment. Employees can request to make up the difference based on the actual salary base amount.

Q4: Is the agreement for employees to waive their housing provident fund still valid after they have signed it?

It's generally ineffective. According to the law, it's the employer's legal obligation to pay into the housing provident fund. The voluntary waiver commitment signed by the employee cannot exempt the employer from this obligation, nor can it be used as a defense against the employer's failure to pay. Employees can still require the employer to make up the payments, and such agreements are usually not recognized.

Q5: What should I do if I find out that my housing provident fund wasn't paid during the probationary period after leaving my job?

You can still file a complaint. Collect your labor contract, payroll records, and employment and departure records, and report them to the Housing Provident Fund Management Center. The management center will verify the information and order the former employer to make up for the arrears. The period of retroactive payment is subject to local regulations and evidence. It is recommended to submit the materials as soon as possible to avoid difficulties in providing evidence due to the passage of time.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence 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 publicly available 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. In case of disputes, please consult a practicing lawyer in time.