The company has not paid social security, can it apply for arbitration after leaving the company?

Of course. The labor rules and regulations formulated by the company according to law are applicable to shareholders, who accept the management of the company and engage in paid labor arranged by the company. Therefore, there is a personal subordination and an economic subordination between shareholders and the company, which belongs to labor relations, and their rights and obligations are regulated by labor laws and regulations. Shareholders can apply for labor arbitration against the company.

Legal analysis

Where there is a labor dispute between shareholders and the company, they may apply for labor dispute arbitration according to law; The party requesting arbitration shall submit a written application to the labor dispute arbitration committee within one year from the date when it knows or should know that its rights have been infringed. Labor arbitration refers to the arbitration and adjudication of labor disputes applied for arbitration by the labor dispute arbitration committee. Labor arbitration is a necessary procedure for the parties to a labor dispute to bring a lawsuit to the people's court. The parties who file a labor arbitration shall submit a written application to the labor dispute arbitration committee within one year from the date of occurrence of the labor dispute. The steps for applying for labor arbitration are as follows: 1. Application and acceptance, the arbitration commission must have the application of the parties in handling labor dispute cases; 2. After receiving the arbitration application, the office of the Arbitration Commission shall review the matter; 3 to meet the acceptance conditions, the office of the Arbitration Commission shall fill in the record approval form; 4. If it decides to file a case, it shall notify the complainant within the date of the decision and serve a copy of the complaint on the respondent; 5. Form an arbitration tribunal and draw up an arbitration scheme; 6. Inform the parties to mediate first, and make an arbitration award if mediation fails.

legal ground

Article 27 of People's Republic of China (PRC) Labor Dispute Mediation and Arbitration Law stipulates that the limitation period for applying for labor dispute arbitration is one year. The limitation period for arbitration shall be counted from the date when the parties know or should know that their rights have been infringed. The limitation of arbitration prescribed in the preceding paragraph shall be interrupted because one party claims the rights of the other party, or requests the relevant departments to provide rights relief, or the other party agrees to perform its obligations. The limitation of arbitration shall be recalculated from the time of interruption. If the parties fail to apply for arbitration within the time limit stipulated in the first paragraph of this article due to force majeure or other legitimate reasons, the arbitration period shall be suspended. The limitation period of arbitration shall continue to be counted from the date when the reasons for suspension of limitation are eliminated. If there is a dispute over the arrears of labor remuneration during the existence of labor relations, the employee's application for arbitration is not limited by the limitation period of arbitration stipulated in the first paragraph of this article; However, if the labor relationship is terminated, it shall be proposed within one year from the date of termination of the labor relationship.