Can labor arbitration require payment of social insurance?

Legal analysis: Labor arbitration cannot require employers to pay social insurance. Due to the disunity of rights and responsibilities, if the employer fails to pay social security, the laborer cannot directly ask the employer to pay social security through arbitration or litigation, but the laborer can ask the employer to pay social security by complaining to the labor inspection brigade, which will order the employer to pay social security after examination and confirmation, and impose a fine if it refuses to pay social security. Therefore, for employers who pay social security, workers can make payment requests through legal channels.

Legal basis: People's Republic of China (PRC) Social Insurance Law.

Article 76 The standing committees of people's congresses at various levels shall hear and consider the special work reports of the people's governments at the corresponding levels on the revenue and expenditure, management, investment operation and supervision and inspection of social insurance funds, organize law enforcement inspections on the implementation of this Law, and exercise their supervisory functions and powers according to law.

Article 77 The social insurance administrative department of the people's government at or above the county level shall strengthen the supervision and inspection of the employers and individuals' compliance with social insurance laws and regulations. When the administrative department of social insurance carries out supervision and inspection, the employer and individual under inspection shall truthfully provide information related to social insurance, and shall not refuse to inspect or make false reports or conceal.