Job Recruitment Website - Social security inquiry - Are social security disputes labor disputes?
Are social security disputes labor disputes?
Legal analysis: social security disputes are not labor disputes. The dispute between workers and employers about the declaration and payment of social insurance premiums does not belong to labor disputes, but is determined by the pattern of social insurance premiums in China. In China's social security insurance, medical care, work injury, unemployment and maternity are paid on a pay-as-you-go basis. In case of disputes between employees and employers over the payment of these insurance premiums, they shall be settled through arbitration and litigation.
Legal basis: Article 74 of the Labor Contract Law of People's Republic of China (PRC), the labor administrative department of the local people's government at or above the county level shall supervise and inspect the following implementation of the labor contract system according to law: (1) Rules and regulations formulated by the employing unit and their implementation.
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