[Direct answer]In the Beijing area, it is illegal for employers to establish labor relations from the date of employment and include the probationary period in the term of the labor contract. Employers shall apply for social insurance registration for employees within 30 days from the date of employment and pay social insurance premiums in full and on time. The statements of "applying for social insurance after being promoted" and "voluntarily giving up the probationary period" have no legal basis, and the employee's waiver commitment is also invalid. The consequences of not paying social insurance are two-way: employees can terminate the labor contract and claim economic compensation, and the unit will also face the consequences of making up for the arrears, paying late fees, and receiving administrative penalties. All the risks of benefits during the work-related injury period will be borne by the unit itself.

1. Problem background and typical scenarios

When I started my job, the HR said, "Don't pay for social insurance during the probationary period. We'll make up for it once you're officially hired, and you'll also get a bit of extra cash." Many newcomers to the workplace found this arrangement flexible and cost-effective, so they agreed. However, it wasn't until they encountered issues like being unable to claim reimbursement for hospitalization expenses, failing to receive compensation for work-related injuries, or discovering that their social insurance had been interrupted during their resignation that they realized the consequences of this "unspoken agreement." Social insurance during the probationary period is an issue that cannot be negotiated in labor law.

II. Key points of contention

First, the legal positioning of social insurance obligations during the probationary period. Second, the legal effect of voluntarily waiving commitments. Third, the responsibility for making up for arrears and paying late payment penalties. Fourth, the remedies available to employees and claims for compensation upon leaving the company.

III. Professional analysis by Henglue Lawyers

The first layer: The statutory nature of obligations: The Social Insurance Law stipulates that employers shall apply to social insurance agencies for social insurance registration for their employees within 30 days from the date of employment. Article 19 of the Labor Contract Law further clarifies that the probationary period is included in the term of the labor contract, and there is no difference in social insurance obligations between the probationary period and the "official period". Beijing's implementation guidelines also clearly state that employees should participate in social insurance immediately upon employment, and apply for registration in the next month or the current month. There is no policy space for "making up for contributions after becoming regular employees". The second layer: Invalidation of waiver commitments: Paying social insurance is a mandatory legal requirement involving social insurance funds and public interests, which is not within the scope of parties' disposal. Commitments signed by employees to "voluntarily waive social insurance benefits" or agreements to receive cash subsidies are invalid, and employers cannot use these commitments to evade their obligation to make up for contributions. If employees later regret their decision and claim compensation, these commitments cannot serve as a shield for employers. For employees, the risks are more direct: medical insurance reimbursements, maternity benefits, and compensation payments after work-related injury verification during the interrupted period will all be problematic. The third layer: Employers' responsibilities: - Obligation to make up for contributions: Social insurance audit departments order employers to make up for contributions within a specified timeframe, and impose a daily fine of 0.05% of the unpaid amount from the date of default. Failure to pay within the timeframe may result in fines of not less than twice but not more than three times the unpaid amount. - Work-related injury risks: If a work-related injury occurs during the unpaid period, all benefits that should be paid by the work-related injury insurance fund must be borne by the employer, with one-time disability compensation often amounting to hundreds of thousands of yuan, which is the most expensive hidden cost of not paying social insurance. - Administrative and credit impacts: Unpaid social insurance will be recorded in the enterprise's credit records, affecting bidding and listing compliance reviews. The fourth layer: Employees' remedies: - Notifying employers in writing to terminate the labor contract on the grounds of their failure to pay social insurance and claiming economic compensation (one month's salary per year of service, Articles 38 and 46 of the Labor Contract Law). - Applying for social insurance audits to order employers to make up for contributions. - Claiming all benefits from employers when a work-related injury occurs and conducting work-related injury verification and disability assessment simultaneously. - The three-step remedy process: "Exchanging resignation for compensation" requires written evidence. Verbal notifications of termination are easily refuted as absenteeism.

IV. Practical suggestions and legal basis

The first step is to verify the employee's social insurance enrollment status upon employment and retain the labor contract and salary vouchers. The second step is to issue a written notice to the employer to rectify the situation within a specified timeframe if unpaid contributions are found. The third step is to apply for a social insurance audit and consider terminating the claim in accordance with Article 38 if the employer refuses to comply. The fourth step is to promptly initiate a work-related injury identification process and claim full compensation from the employer. Main legal basis: Articles 58, 60, 63, and 84 of the Social Insurance Law of the People's Republic of China; Articles 19, 38, and 46 of the Labor Contract Law of the People's Republic of China; specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

There are three key points regarding social insurance during the probationary period: Employees must participate in social insurance immediately upon employment, with no difference between the probationary and formal periods; waiving the commitment is invalid; and exchanging cash for social insurance is a lose-lose situation. There are three costs to consider when not paying social insurance: making up for arrears, bearing the responsibility for work-related injuries, and providing severance pay. Employers may save a little money in the short term, but they will end up paying a much higher price in the long run. For issues related to social insurance arrears and severance claims, you can seek help through the following channels:Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, which includes the option of claiming workers' compensation benefitsPersonal injury and medical disputesFor reference, you can check the section related to commercial complianceBusiness and contract disputes in enterprisesFor any questions regarding difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Is the employer obliged to pay social insurance during the probationary period?

It's necessary. The probationary period is included in the term of the labor contract. Within 30 days from the date of employment, the employer shall handle the registration for social insurance and make the payment.

Q2: Is it valid to sign a commitment letter voluntarily giving up social insurance?

Invalid. Paying social insurance is a mandatory requirement. Renouncing the commitment does not exempt the employer from the obligation to make up for the payments, nor does it prevent workers from seeking compensation.

Q3: Is it okay if the unit makes up for the payment arrears?

Not exactly. In addition to making up for the arrears, there are also risks of late payment penalties and fines at a rate of 0.05% per day; if the employee has already resigned because of this, the employer still needs to pay the economic compensation as usual.

Q4: What should I do if I get injured during the probationary period and haven't purchased work injury insurance?

If an employee suffers an industrial injury during the period when the unit has not participated in the social insurance program, all the industrial injury benefits that should have been paid by the fund will be borne by the unit, and the employee's benefits will not be affected.

Q5: Is there any compensation for resigning due to not paying social insurance premiums?

Yes. If the employer terminates the labor contract by written notice, the employee can claim economic compensation in accordance with Articles 38 and 46 of the Labor Contract Law, with the compensation amounting to one month's salary for every completed year of service.

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

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 open 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.