Social security payment does not belong to the scope of labor arbitration.

Paying back social insurance is not within the scope of labor arbitration, but within the scope of administrative management. Disputes arising from the employer's non-payment or refusal to pay social insurance premiums or the payment period and payment base shall be handled by the social security management department.

What is the process of social security payment?

1。 To pay back as an employee of the unit, the unit shall submit a written application and go through the formalities of paying back at the social insurance agency in the place where the unit is insured;

2。 If the payment is made in an individual capacity, the social insurance agency where the household registration is located shall handle the payment formalities in accordance with the principle of territoriality.

3。 The municipal human resources and social security department should review this for the record.

4, in accordance with the provisions, by the agency to print the "approval form" in duplicate, the staff and agencies each hold a copy.

5. If the materials are incomplete and can be filled in, the agency shall print the acceptance receipt in duplicate, which shall be signed by the clerk, and each agency shall hold one copy. The handling agency will return all materials.

6. If the handling agency does not meet the handling requirements, it shall print the handling receipt in duplicate, and the handling agency shall keep one copy after the signature of the handler. The handling agency will copy all the materials and return them.

What are the terms of payment?

1, local household registration or non-agricultural household registration in other places

2, terminate the labor relationship with the unit

3. The social insurance account is local.

4. Flexible employees whose social insurance accounts are suspended (1), employee files and endowment insurance manuals;

Matters needing attention in individual payment

1. Employees who continue to participate in the old-age insurance in their personal capacity after dissolving or terminating the labor relationship with the employer can pay the basic old-age insurance premiums owed by the unit and individual after 1992 1.

(1) Bring my ID card and relevant certificates of dissolution or termination of labor relations.

(2) Fill in the declaration form for urban individuals to pay social insurance premiums and pay them in the lobby.

2. Persons who are employed by employers in cities and towns and are unable to pay social insurance premiums in full and on time, and have not dissolved or terminated their labor relations, may participate in endowment insurance and medical insurance according to the individual insurance method upon their own application and with the consent of the unit, but may not repay the basic endowment insurance premiums previously owed by individuals; Need to pay back, by the unit to fill in the "social insurance premium payment declaration form" and "social insurance premium payment schedule" in triplicate, in the name of the unit to pay back.

3. Employees who have never paid the endowment insurance premium (employees of state-owned enterprises and institutions) can go through the formalities of paying back the principal and interest of the endowment insurance premium after providing legal proof materials (files, labor contracts, etc.). ) for approval.

(1) Provide employee files to Sanya Social Insurance Bureau for approval.

(2) With the approval form of the insured person's payment, fill in the individual payment declaration form in the payment hall for payment.

4 retirees who have participated in medical insurance and have basic medical treatment. If the cumulative payment period is less than 30 years for men and 25 years for women, the basic medical insurance premium payable for the remaining years can be paid in one lump sum according to the regulations; The retirement time and remaining years to be paid are determined by the insured in the medical department of Sanya Social Insurance Bureau, and then handled in the payment hall.

5. After closing the bankrupt enterprise to pay the fee, the original insured can pay the difference according to 60% of the average social wage, except for the verification enterprise.

To sum up, it is necessary to pay social security, which is an insurance that our country encourages citizens to pay. Citizens' rights and interests should be well protected, but they must pay a certain number of years to receive pensions.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

legal ground

Article 63 of People's Republic of China (PRC) Social Insurance Law

If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.

People's Republic of China (PRC) labor dispute mediation and arbitration law

second

Scope of Application This Law applies to the following labor disputes between 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.