Is the social insurance dispute a labor dispute?

With the rapid development of society and related injuries and trauma caused by unexpected attacks, medical expenses have become an important issue for the general public. So whether social insurance disputes belong to labor disputes or not, I will sort out the following related contents, hoping to help everyone.

First, whether social insurance disputes belong to labor disputes.

Disputes arising from social security contributions belong to labor disputes.

People's Republic of China (PRC) labor dispute mediation and arbitration law

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.

2. What are the characteristics of insurance premium?

1, necessity

Insurance premiums solve the economic losses caused by accidents. The accident has two characteristics:

One is inevitable existence. In our life, natural disasters such as floods and earthquakes or accidents such as fires and explosions are inevitable. If accidents do not exist inevitably, people need not take many measures to prevent them. If there is no accident, insurance will lose its foundation.

The second is accidental. Although the existence of the accident is inevitable, the time, place, degree, whether it caused or even caused economic losses are accidental.

In this way, the insured pays the insurance premium, which is to combine the inevitability of the accident with the contingency of the accident, turn the absolute variable into a relative constant, and determine the uncertain things. An understanding insured will realize that after paying the insurance premium, if there is no accident, it means that all his business activities are normal, and he has gained due benefits because of normal business, and will not feel wronged because he has not suffered economic losses due to unexpected events.

If an accident happened and caused economic losses, he was compensated. He only compensated part of his own losses, but it was difficult to make up for the loss of income caused by the accident, so even if he was compensated, he would not have the psychological feeling of making money cheaply. It is a misunderstanding for those who think that paying insurance premiums without compensation is a loss, and with compensation, insurance is an umbrella for the operation of commodity economy.

2. Can support

After paying the insurance premium, the insured may not necessarily encounter an accident, but may encounter an accident. In order to prevent possible accidents, he can carry out business activities safely by paying insurance premiums. As some people say, without insurance, ships are afraid to sail and planes are afraid to take off. Because no one can guarantee the safety of this voyage. For example, in 1963, the first 10,000-ton cargo ship "Yuejin" built by China sank on its maiden voyage from Shanghai to Japan. Therefore, for operators in the process of social reproduction, paying insurance premiums provides the best economic guarantee for their economic operation.

From the above analysis, we know that according to the Labor Dispute Mediation and Arbitration Law, if the employer fails to pay social insurance premiums for the workers, the dispute is a labor dispute and can be resolved by applying for labor arbitration. If readers have any legal questions to know, they can consult.