Unpaid social security can apply for labor arbitration

Wondering whether social security can apply for labor arbitration, the company did not pay social insurance, can not apply for labor arbitration. The employer did not pay social insurance to the workers, does belong to labor disputes. According to the relevant provisions of the law, labor dispute cases are "arbitration before" this is no problem. The Minutes of the Seminar of the Higher People's Court and the Arbitration Committee for Labor Disputes stipulate that if an employer fails to establish social insurance for a worker, or fails to pay social insurance premiums or fails to pay the full amount of social insurance premiums in accordance with the stipulated wage base, and the worker claims that he or she should pay the premiums in full, the claim will be rejected, and the worker is told to solve the problem through the administrative department of labor.

Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Law in the Trial of Labor Dispute Cases (3): If a worker requests the employer to compensate for the loss because the employer failed to apply for the social insurance procedures for him and the social insurance agency was unable to do so, the people's court shall accept the dispute.