[Direct answer]In the Beijing area, if an employer violates the law - the labor relationship is established from the date of employment, and the probationary period is included in the term of the labor contract. The employer shall apply for social insurance registration for the employee within 30 days from the date of employment and pay the social insurance premiums in full and on time. The statements of "applying for social insurance after being confirmed as a regular employee" 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 twofold: the employee can terminate the labor contract and claim economic compensation, and the employer will face the consequences of making up for the arrears, paying late fees, and facing administrative penalties. All the risks of benefits during the work-related injury period will be borne by the employer.

I. Problem Background and Typical Scenarios

When they were hired, the HR said, "Don't pay for social insurance during the probationary period. We'll make up for it once you're confirmed, and you'll even get some extra cash." Many newcomers to the workplace found this arrangement flexible and cost-effective, so they agreed. However, when they got sick and couldn't get reimbursement for hospitalization, when they couldn't get compensation for work-related injuries, or when they left the company, they realized that the lack of social insurance payments during the probationary period would affect their points-based household registration and their eligibility to purchase property. Only then did they understand the cost of this "unspoken agreement". Social insurance during the probationary period is an issue that cannot be discussed in labor law.

II. Key points of contention

First, the legal positioning of social insurance obligations during the probationary period. Second, the effectiveness of voluntarily waiving commitments. Third, the responsibilities for making up for arrears and paying late fees. Fourth, the remedies available to employees and claims for compensation upon leaving the job.

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 make it clear: Employees should be enrolled in social insurance immediately upon employment, and applications should be submitted in the following month or the current month. There is no policy space for "making up for contributions after becoming a regular employee". The second layer: Invalidity 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" 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 demand retroactive payments, the commitments cannot serve as a shield for employers. For employees, the risks are more direct: medical insurance reimbursements, maternity benefits, and payment of benefits after work-related injury identification during the period of interrupted contributions 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 period, and a daily fine of 0.05% of the unpaid amount will be imposed from the date of default. Failure to pay within the time limit may result in a fine 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 period of unpaid work injury insurance, all benefits that should be paid by the work injury insurance fund will be borne by the employer, with one-time disability compensation often reaching 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: - Terminate the labor contract in writing on the grounds of the employer's failure to pay social insurance according to law and claim economic compensation (one month's salary for each year of service, Articles 38 and 46 of the Labor Contract Law). - Apply for social insurance audit to order contributions to be made up for. - If a work-related injury occurs, conduct work-related injury identification and labor capacity appraisal immediately and claim all benefits from the employer. - The three-step remedy process requires written records. Oral 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 certificates. The second step is to issue a written notice to the employer to handle the unpaid social insurance within a specified time limit. The third step is to apply for a social insurance audit against the employer who refuses to comply, and consider terminating the claim according to Article 38. The fourth step is to immediately identify and handle work-related injuries, and claim full compensation from the employer. The main legal basis: Articles 58, 60, 63, 84, and 86 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; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

There are three key points about social insurance during the probationary period: Employees are automatically enrolled in social insurance upon employment, and there is no difference between the probationary period and the formal employment period; any waiver of the commitment is invalid; exchanging cash for social insurance is a lose-lose situation; and there are three costs to be considered if social insurance is not paid: making up for the arrears, bearing the responsibility for work-related injuries, and providing severance pay. Employers may save money in the short term but face huge losses in the long run. For issues related to making up for social insurance arrears and claiming compensation upon leaving the job, you can seek help through the following channels:Labor arbitration and work-related injury compensationThe service provides a comprehensive solution, which includes the possibility of combining claims for work-related injury benefits.Personal injury and medical disputesFor reference, you can check the sections related to commercial complianceBusiness and contract disputes in enterprisesFor any questions regarding difficult cases, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

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

It's necessary. The probation 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. Giving up the promise cannot exempt the unit from its obligation to make up for the payments, nor can it prevent workers from claiming 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 an employee uses this as a reason to terminate the employment contract, 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 a work-related injury during the period when the unit has not participated in the social insurance program, all the work-related 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 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 Henglu 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.