Can I arbitrate if I don't pay social security?

Legal analysis: If the company fails to pay social insurance, it can apply for labor arbitration. It is indeed a labor dispute that the employer fails to pay social insurance to the workers. According to the relevant provisions of the law, there is no problem of "arbitration first" in labor dispute cases. The Minutes of the Seminar Meeting between the Higher People's Court and the Labor Dispute Arbitration Committee stipulates that if an employer fails to establish a social insurance relationship with employees, fails to pay social insurance premiums or fails to pay social insurance premiums in full according to the prescribed salary base, it generally does not accept the employee's request for payment, and informs the employee to solve it through the labor administrative department.

If the employer fails to pay social insurance premiums for the workers according to the regulations, resulting in the workers being unable to enjoy the benefits of work-related injury, unemployment, maternity and medical insurance, and the workers demand the employer to compensate for the losses or pay related expenses according to the regulations, it shall be accepted.

Legal basis: Article 2 of the Law on Mediation and Arbitration of Labor Disputes This Law is applicable to labor disputes between the following employers and employees in People's Republic of China (PRC):

(1) Disputes arising from the confirmation of labor relations;

(2) Disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts;

(3) Disputes arising from delisting, dismissal, resignation or resignation;

(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

(six) other labor disputes as prescribed by laws and regulations.