Can I apply for labor arbitration without paying social security?

Employees who have not paid social security can apply for labor arbitration, but usually they are less likely to get compensation. It is suggested that employees ask the employer to pay social security in time during their work.

According to the Labor Law of People's Republic of China (PRC) and the Social Insurance Law of People's Republic of China (PRC), the employer shall pay social insurance premiums for employees, including endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. Employees have the right to ask the employer to pay social security for them. If the employer fails to pay in time or in accordance with the provisions, the employees may apply to the labor arbitration institution for arbitration. However, in practice, for workers who have not paid social security, it is less likely to get labor arbitration compensation. This is because employees who have not paid social security cannot provide relevant proof of payment, and it is difficult to prove how much compensation they should get. In addition, some employers will take illegal measures to avoid paying social security, and it is difficult to get due compensation without legal procedures. It is suggested that employees ask the employer to pay social security in time during their work, and keep the corresponding certification materials. If the employer refuses or fails to pay social security, it may apply to the labor arbitration institution for arbitration and provide relevant evidence after consultation with the employer fails.

What if the employer refuses to change the behavior of not paying social security? If the employer refuses to change after repeated education, it may report the situation to the local social department and ask it to supervise according to law. If the circumstances are serious, you can bring a lawsuit to the court and ask the employer to bear the corresponding civil liability.

Employees who have not paid social security can apply for labor arbitration, but they are less likely to get compensation. It is suggested that the employer be required to pay social security in time during the working period and keep relevant supporting materials. If the employer fails to pay social security for a long time and still refuses to change after repeated education, it can report the situation to the local social department or bring a lawsuit to the court.

Legal basis:

Article 16 of the Regulations on the Administration of Declaration and Payment of Social Insurance Fees, if the employing unit is under any of the following circumstances, the social insurance agency shall issue a Notice of Default of Social Insurance Fees within five working days from the date of finding out the fact of default, order the employing unit to pay it back within five working days after receiving the notice, and inform it that the overdue payment will be handled in accordance with the provisions of Articles 63 and 86 of the Social Insurance Law:

(a) failing to declare and pay social insurance premiums in accordance with the provisions.

(2) Failing to pay social insurance premiums in full and on time after reporting.

(three) due to concealment, omission of the number of employees, payment base and other matters and pay less social insurance premiums.