Can I apply for labor arbitration if I don't pay social security in full?

Can I apply for labor arbitration if I don't pay social security in full?

You can apply for labor arbitration if you don't pay social security in full. According to the provisions of the Labor Law of People's Republic of China (PRC) and the Labor Contract Law of People's Republic of China (PRC), the employer shall pay social insurance premiums for the workers. If the employer fails to pay social security in full according to law, the employee may apply to the labor arbitration institution for labor arbitration.

To sum up:

If the employer fails to pay social security in full according to law, the employee may apply to the labor arbitration institution for labor arbitration. The labor arbitration institution will hear labor dispute cases and make a ruling according to relevant laws and evidence. If the laborer refuses to accept the judgment, he may also bring a lawsuit to the people's court.

Legal basis:

Article 72 of the Labor Law of People's Republic of China (PRC) stipulates: "The social insurance fund shall determine the source of funds according to the types of insurance, and gradually implement social pooling. Employers and workers must participate in social insurance and pay social insurance premiums according to law. "

Article 38 of the Labor Contract Law of People's Republic of China (PRC) stipulates: "If the employer fails to provide labor protection or working conditions in accordance with the labor contract, fails to pay labor remuneration in full and on time, and fails to pay social insurance premiums for the workers according to law, the workers may terminate the labor contract."

Article 2 of the Law on Mediation and Arbitration of Labor Disputes in People's Republic of China (PRC) stipulates: "This Law shall apply to disputes arising from the confirmation of labor relations, the conclusion of performance modification or dissolution of labor contracts, working hours, rest and vacation, social insurance benefits, training and probation period, and economic compensation or compensation."