12-016 · EVIDENCE A · SOURCE-SENSITIVE
Sign a written contract within the first month of employment; register for social insurance within 30 days
用人第一个月内签书面合同,30 日内办社保登记
The portion of social insurance premiums that employers must pay must be paid continuously; the exact percentages vary by region. There is no cost to drafting the contract itself — simply use the standard template provided by local labor authorities.
If an employee starts working and no written contract is signed within the first month, the employer must pay double wages starting from the second month, continuing until the end of the first year of employment. Social insurance must be registered within 30 days of hiring; failure to do so results in fines equal to 1–3 times the amount of unpaid premiums. There is no legal provision allowing employees to voluntarily waive their right to social insurance coverage.
A
Move “Sign a written contract within the first month of employment; register for social insurance within 30 days” to Future Me's calendar
The excuse
I can spend longer deciding whether to start than the small action would take.
What feels good now
Today I keep a little money, a few minutes and avoid interrupting my default routine.
What the source says
The source summarizes the return this way: “If an employee starts working and no written contract is signed within the first month, the employer must pay double wages starting from the second month, continuing until the end of the first year of employment. Social insurance must be registered within 30 days of hiring; failure to do so results in fines equal to 1–3 times the amount of unpaid premiums. There is no legal provision allowing employees to voluntarily waive their right to social insurance coverage.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.
Use the original facts and limits. For an urgent medical, safety, financial, or legal issue, contact a qualified local professional or service.
THE ENGLISH EDITION
Original recommendation and evidence
16. Sign a written contract within the first month of employment; register for social insurance within 30 days
Cost: The portion of social insurance premiums that employers must pay must be paid continuously; the exact percentages vary by region. There is no cost to drafting the contract itself — simply use the standard template provided by local labor authorities.
In plain terms: If an employee starts working and no written contract is signed within the first month, the employer must pay double wages starting from the second month, continuing until the end of the first year of employment. Social insurance must be registered within 30 days of hiring; failure to do so results in fines equal to 1–3 times the amount of unpaid premiums. There is no legal provision allowing employees to voluntarily waive their right to social insurance coverage.
Benefit: Employers must pay double wages to employees who have worked for at least one month but still lack a written contract, starting from the second month of employment. Social insurance must be registered within 30 days of the employee’s first day on the job; failure to comply triggers mandatory corrective orders. After this deadline, fines of 1–3 times the unpaid premiums apply, and the responsible personnel face individual fines ranging from 500 to 3,000 yuan. Late or incomplete premium payments incur a penalty of 0.05% of the outstanding amount per day (late fees). If payments remain unpaid past the deadline, additional fines of 1–3 times the original debt apply. Employers bear sole responsibility for timely registration and full premium payments; only legally recognized force majeure events such as natural disasters permit temporary delays or reductions. No provision exists for employees to voluntarily forgo social insurance benefits (applies nationwide).
Evidence grade: A
Sources: National People's Congress Standing Committee (2007). Labor Contract Law (Articles 10, 82). <https://www.gov.cn/gongbao/content/2007/content_711013.htm>; National People's Congress Standing Committee (2010). Social Insurance Law (2018 amendment, Articles 58, 60, 84, 86). <https://www.mohrss.gov.cn/xxgk2020/fdzdgknr/zcfg/fl/202011/t20201102_394629.html>
Notes: Double wage obligations remain in effect from the second month through the end of the first year of employment, making delays increasingly costly. Employees without a written contract or unpaid social insurance coverage who suffer workplace injuries or later file labor disputes often face combined costs of retroactive payments, fines, and compensation that far exceed any initial savings the employer might have realized.
Read the complete Chinese source and notes
16. 用人第一个月内签书面合同,30 日内办社保登记
成本: 社保里由公司出的那一部分,要一直交下去,各地的比例不一样。签合同本身不花钱,直接用当地人社部门的合同范本就行。
说人话: 人来上班满一个月还没签书面合同,从第二个月起,每个月要按双倍发工资,一直算到满一年。社保要在用工 30 天内登记,不办的罚该交社保费的 1 到 3 倍。法律上没有「员工自愿放弃社保」这一项。
收益: 人来上班满一个月、不满一年还没签书面合同的,每个月要按双倍发工资。从人上班第一天算起,30 日内要给他办社保登记。不办的先勒令改正。过了期限的,按该交的社保费罚 1 到 3 倍,经办这件事的人另罚 500 到 3000 元。社保没按时交、没足额交的,从欠的那天起按每天万分之五加钱(滞纳金)。过了期限还不交的,再按欠款罚 1 到 3 倍。单位要自己申报,按时把钱交足。只有天灾这类没法抗的法定事由,才能晚交或者少交。没有「员工自愿放弃」这一项(全国)
证据等级: A
来源: 全国人大常委会 (2007). 劳动合同法(第十、八十二条). <https://www.gov.cn/gongbao/content/2007/content_711013.htm>;全国人大常委会 (2010). 社会保险法(2018 年修正,第五十八、六十、八十四、八十六条). <https://www.mohrss.gov.cn/xxgk2020/fdzdgknr/zcfg/fl/202011/t20201102_394629.html>
备注: 双倍工资从第二个月一直算到满一年,越拖越贵。没签合同、没缴社保的员工,一旦出了工伤,或者离职之后去仲裁,补缴加上罚款再加上赔偿,往往比省下的那点钱多得多。
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