Can social security be arbitrated if it is not paid in full?

If the employer fails to pay the social insurance premium in full, the employee may apply for labor arbitration.

If the employer fails to pay the social insurance premium in full, the employee may apply for labor arbitration. According to the Social Insurance Law of People's Republic of China (PRC)? And the Law of People's Republic of China (PRC) on Mediation and Arbitration of Labor Disputes. Failure to pay social insurance premiums in full belongs to the category of labor disputes. In this case, the laborer can demand to pay social insurance premiums or economic compensation from the employer. However, if the laborer only asks to pay social security and there are no other relevant labor disputes, the labor arbitration may not be accepted. In practice, if such problems are encountered, it is suggested that workers communicate and negotiate with the employer first. If negotiation fails, they can be solved through legal channels.

What does the social security contribution base mean?

Social security payment base refers to the social insurance payment base of employees in a social security year. The social security payment base will be determined according to the average monthly income tax declared by employees in the previous year, which is an important basis for paying social security.

After the same payment year is determined, the social security payment base cannot be changed. February to May of each year is the time to declare the social security base of the next settlement year.

There are upper and lower limits on the social security payment base. The upper limit means that the part whose salary exceeds 300% of the average monthly salary of employees in the previous year is not included in the social security base. The lower limit means that if the salary is lower than 60% of the average monthly salary of employees in the previous year, 60% of the average monthly salary of employees in the previous year will be used as the social security base.

I hope the above questions can help you. If you have other legal questions, please consult a professional lawyer.

Legal basis: Labor Contract Law

Article 38 A laborer may terminate the labor contract under any of the following circumstances:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) Because of this rule

Article 26

The circumstances specified in the first paragraph render the labor contract invalid;

(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.

Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(three) the employer in accordance with this law

Article 40 stipulates the termination of the labor contract;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) In accordance with the provisions of Item 4 of Article 44 of this Law,

The labor contract is terminated according to the provisions of Item 5;

(seven) other circumstances stipulated by laws and administrative regulations.

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

Law on mediation and arbitration of labor disputes

Article 2 This Law shall apply 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.