Can you arbitrate for economic compensation if you pay less social security?

Economic compensation cannot be arbitrated for underpayment of social security. The specific provisions are as follows:

1. If the unit fails to pay social security for the employee according to law, the employee may terminate the contract and demand economic compensation. "Labor Contract Law" and "Regulations on the Administration of Social Insurance Fee Declaration and Payment" have clear provisions on how to pay social security. According to the relevant laws and regulations, the employing unit shall be responsible for paying various social insurance premiums, and has the obligation to withhold and remit the social insurance premiums of its own workers. The "People's Republic of China (PRC) Labor Contract Law" and its implementing regulations all use the word "failure to pay according to law", and it is not clear whether it is necessary to pay in full;

2. If the employee requests to terminate the labor contract and asks the employer to pay economic compensation on the grounds that the employer has not paid the social insurance premium in full or has not paid it in arrears, it will not be supported.

According to the laws of our country, you can apply for labor arbitration under the following circumstances:

1. Disputes arising from dismissal, delisting, dismissal of employees, resignation and voluntary resignation of employees;

2. Disputes arising from the implementation of state regulations on wages, insurance, welfare, training and labor protection;

3. Disputes arising from the performance of the labor contract;

4. Other labor disputes that should be accepted by the labor dispute arbitration committee according to laws and regulations. If the company pays less social insurance, it can apply for labor arbitration.

To sum up, if the social security underpays the non-arbitrable economic compensation, the employer shall be responsible for paying various social insurance premiums in accordance with relevant laws and regulations, and shall be obliged to withhold and remit the social insurance premiums of its own workers.

People's Republic of China (PRC) social insurance law

Article 63

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.