According to the fourth paragraph of Article 19 of the Labor Contract Law, the probation period should be included in the term of the labor contract, that is, the enterprise must also pay social security for the employees during the probation period.
According to "Social Insurance Law" and "Regulations on Housing Provident Fund Management", enterprises must pay "five insurances and one fund" for their employees, namely, endowment insurance, medical insurance, unemployment insurance, work injury insurance, maternity insurance and housing provident fund. When an enterprise signs a contract with its employees, both labor remuneration and social insurance are necessary clauses in the labor contract.
According to the relevant provisions of the Social Insurance Law and the Labor Contract Law, employers and workers must participate in social insurance and pay social insurance premiums according to law. It is the legal obligation of the employer to participate in social insurance and pay social insurance premiums for workers according to law. Employers and workers cannot change or waive this obligation by agreement.
The national government now has a law that "it is illegal to deduct wages in arrears, and it is a felony to pay more than 30,000 yuan or more than 10 people, and it is serious to be sentenced to jail." "Enterprises should sign labor agreements and pay social security fees (five insurances and one gold) for every migrant worker and employee", "Enterprises should pay wages directly to migrant workers themselves, and it is strictly forbidden to pay them to" labor contractors "or other organizations and individuals who do not have the qualification of employment subject. Enterprises can entrust banks to pay the wages of migrant workers. " Enterprises must pay wages according to the agreement, otherwise, government law enforcement departments will severely punish illegal enterprises according to law. Private enterprise bosses and employees must also abide by national laws and pay wages to migrant workers on time. It is also illegal for private bosses to default on wages, and the government will severely punish them according to law.
The first step should be to find a way to solve it through consultation, and you can directly find the legal representative of the enterprise, the boss of the enterprise, the financial department and the financial manager. It is best to solve the problem through consultation. If the negotiation is unreasonable, you can complain and report to the relevant departments of the local government (Labor Inspection Brigade, Labor Dispute Arbitration Committee, Human Resources and Social Security Bureau, Labor Arbitration Section of Labor Bureau, Administration for Industry and Commerce, Construction Bureau, Court, Procuratorate, Ministry of Supervision, 12345 complaint hotline, 12348 legal aid hotline). Remember: there must be factual evidence, such as: agreement and contract, audio and video recordings of unpaid wages and demands, punch-in records at work, work videos at work, all kinds of written materials, WeChat, SMS, information on computer web pages, insiders, references, etc. , can be used as factual evidence. If you don't have factual evidence at the moment, or the amount of factual evidence is not enough, you should find ways to obtain enough factual evidence so as to solve the problem of asking for unpaid wages through legal channels such as complaints, reports and reports. If the boss's attitude is fierce, he should call the police at 1 19 to complain and report that the boss is in arrears with wages and has a fierce attitude, or go to the police station of the public security bureau to complain and report, because the wages of migrant workers have already belonged to their own money after completing their work tasks. In fact, the boss's arrears of wages for migrant workers are just like fraud, defrauding migrant workers of their money. He can report to the police and ask the police for help.