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What is the impact of paying back social security through labor arbitration on enterprises?
The Mediation and Arbitration Law determines that social insurance disputes belong to labor disputes, and disputes between employers, workers and social security institutions due to arrears belong to collection disputes, which belong to the category of administrative management and have the nature of social management, and are not only social security disputes between workers and employers. Therefore, for those disputes that have been handled by the employer, but occur because the employer fails to pay or refuses to pay social insurance premiums, or because of the payment period, payment base and other reasons, the social security management department should solve them. If the employer fails to go through the social insurance formalities for the workers, the social insurance agency can't make up for it, and the workers can't enjoy the social insurance benefits, it is a typical social security dispute to ask the employer to compensate for the losses, and the people's court shall accept it according to law.
Legal objectivity:
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (III) Article 1 A people's court shall accept a dispute arising from the employer's failure to go through the social insurance procedures for workers and the social insurance agency's failure to make up for it.
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