Companies do not pay social security, labor arbitration is not accepted, how to do

The company has not been paying social security, the application for arbitration is not accepted can be to the labor inspection complaints.

There are three ways of relief for employers who do not pay social security, namely, labor dispute arbitration; complaining to the labor inspection or social insurance fund collection agency; and filing a lawsuit with the people's court.

Article 83, paragraph 3, of the Social Insurance Law stipulates: "If an individual has a dispute over social insurance with his employer, he may apply for mediation, arbitration or file a lawsuit in accordance with the law. If an employer infringes on an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with the matter in accordance with the law." However, because the employer and worker social insurance disputes are more types, and involves the administrative departments, judicial practice, through the judicial way to solve the social security disputes in different places appeared in different ways, manifested in: labor arbitration department is not admissible, the court is not admissible; labor arbitration department is admissible, the court is not admissible; the arbitration department is admissible, the court is also admissible.

Social security disputes of the judicial remedies of the country so different from the different understanding of social security disputes, there are views that social security disputes is the social insurance agency and the employer or worker between the three-party social security disputes, because one of the parties is enjoying the administrative authorization of the social insurance agency, and therefore should be resolved through the administrative way, can not be resolved by way of arbitration. For example, the labor arbitration department and the people's court have the duty to mediate in the hearing of labor dispute cases, but social security disputes cannot be mediated due to its mandatory nature; there are views that the employer's participation in the insurance for the workers in accordance with the law belongs to the legal obligations, and also belongs to the basic labor rights and interests of the workers, and of course, it can be resolved through labor arbitration when the basic rights and interests of the workers are infringed upon, and the "Law on Mediation and Arbitration of Labor Disputes The Law on Mediation and Arbitration of Labor Disputes has made it clear that "social security disputes" belong to the category of labor disputes.

The local labor dispute arbitration committee will not accept the company's non-payment of social security, but the labor inspection and social insurance premium collection and auditing department will certainly accept it, so you can complain to the labor inspection or social insurance premium collection and auditing department.

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