The authoritative interpretation of the Guangdong Provincial Medical Insurance Bureau: Do not pay medical insurance during the probation period?Illegal!

Yangcheng Evening News all -media reporter Chen Hui

Recently, many college graduates have moved to work one after another. In the actual work, some graduates will encounter companies that do not pay medical insurance premiums for various reasons, leading to damage to the rights and interests of workers.

Is it legal to not pay medical insurance during the trial period? Can cash pay for medical insurance? When encountering the following four kinds of "pit", we must say "no"! You can also complain to the medical insurance department to protect rights! The Guangdong Medical Security Bureau made an authoritative interpretation.

Situation 1: Do not pay medical insurance during the probation period

The Guangdong Medical Security Bureau answered that according to Article 58 of the Social Insurance Law, the employer shall apply for social insurance registration to the social insurance agency within 30 days from the date of employment. Those who fail to apply for social insurance shall approve the social insurance premiums that they should pay shall be approved by the Social Insurance Office.

Basic medical insurance is an important type of insurance in social insurance, and employee medical insurance shall be paid by the unit and individuals in accordance with the relevant proportion. Therefore, enterprises must also pay medical insurance for employees during the probation period.

Situation 2: Let employees promise to abandon medical insurance

Some companies ask employees to issue a written commitment when signing a labor contract with employees. The promise book states that employees voluntarily abandon the company's social insurance premiums paid by the company. For employees.

This is unreasonable and illegal!

The Guangdong Provincial Medical Security Bureau answered that according to the relevant provisions of the Social Insurance Law and the Labor Contract Law, employers and workers must participate in social insurance in accordance with the law and pay social insurance premiums.

The legal obligations that workers participate in social insurance and pay the employer of the medical insurance department in accordance with the law. This obligation cannot be changed or abandoned by the employer and workers through agreed.

Situation 3: The file is not transferred to the unit and does not pay medical insurance

The new employee's employment, due to the personnel changes, the previous personnel files may not be adjusted from the original unit in time. At this time, some units will say that they cannot pay medical insurance for employees because they have no files.

This is unreasonable!

The Guangdong Provincial Medical Security Bureau answered that in fact, personnel files are not required to pay medical insurance, and they cannot become a reason for the unit to slowly pay medical insurance. Article 60 of the Social Insurance Law stipulates that the employer shall declare on their own and pay social insurance premiums in full and on time, and shall not be paid or reduced due to legal reasons such as force majeure.

Situation 4: Replacement of medical insurance with payment of cash replacement

Some units do not pay medical insurance for employees, but they will issue a social insurance subsidy for employees and pay with cash instead of medical insurance.

This is not desirable!

The Guangdong Provincial Medical Security Bureau answered that Article 12 of the "Interim Regulations on Social Insurance Payment" stipulates that "the payment unit and the individual of payment shall pay the social insurance premiums in full in the form of currency. The unit is deducted from its salary. "

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