Replacement of social security disputes belong to the scope of acceptance of labor arbitration

Legal analysis: the payment of social insurance does not belong to the scope of labor arbitration, but belongs to the scope of administrative management. Disputes arising from the employer's non-payment or refusal to pay social insurance premiums, or disputes over the number of years of payment or the basis for payment, should be resolved and handled by the social security administration.

Legal basis: The Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

(1) Disputes arising from the confirmation of the labor relationship;

(2) Disputes arising from the conclusion, fulfillment, alteration, dissolution and termination of labor contracts;

(2) Disputes arising from the conclusion, fulfillment, alteration, dissolution and termination of labor contracts. (ii) Disputes arising from the conclusion, fulfillment, alteration, termination of labor contracts;

(iii) Disputes arising from delisting, dismissal, resignation, and separation from service;

(iv) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

(v) Disputes arising from labor remuneration, medical fees for work-related injuries, and economic compensations or indemnifications;

(vi) Other labor disputes stipulated by the laws and regulations. other labor disputes as stipulated by laws and regulations.

Article 3 The settlement of labor disputes shall be based on the facts, follow the principles of lawfulness, fairness, timeliness and emphasis on conciliation, and protect the legitimate rights and interests of the parties in accordance with the law.

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or request the labor union or a third party*** to negotiate with the employer and reach a settlement agreement.

Article 5 In the event of a labor dispute, if the parties concerned are unwilling to negotiate, fail to negotiate, or do not perform after reaching a settlement agreement, they may apply to a conciliation organization for conciliation; if they are unwilling to conciliate, fail to conciliate, or do not perform after reaching a conciliation agreement, they may apply for arbitration to an arbitration committee for labor disputes; if they are not satisfied with the arbitration award, they may bring a lawsuit in the people's court, unless otherwise provided for by this Law.