Whether social security belongs to the scope of arbitration

Whether social security belongs to the scope of arbitration depends on the situation: 1, because of the employer did not participate in social insurance, the worker to the employer to claim the relevant insurance benefits, and the dispute. For example, disputes arising from the recovery of industrial injury insurance benefits, maternity insurance benefits, unemployment insurance benefits, reimbursement of medical expenses, or disputes arising from the recovery of pension, medical expenses, industrial injury insurance benefits and other social insurance premiums between a retired worker and his/her former employer who has not yet participated in the social insurance system fall within the scope of labor arbitration and the People's Courts. (2) The employer fails to pay social insurance for the workers and demands the employer to pay social insurance for them. This type of case is neither within the scope of labor arbitration nor that of the People's Court. 3. If the employer has already paid the social insurance premiums for the worker, but the worker thinks that the employer has not paid enough social insurance premiums and the dispute arises, it also does not fall within the scope of labor arbitration. Laborers who disagree with the second and third types of social security disputes can report them to the social security inspection department in accordance with the law and deal with them through administrative means.

The Chinese People's Republic of China Labor Dispute Mediation and Arbitration Law Article 2 Scope of Application The following labor disputes between employers and workers within the territory of the Chinese People's Republic of China shall be subject to the application of this law: (1) disputes arising from the confirmation of labor relations; (2) disputes arising from the conclusion, performance, alteration, dissolution and termination of labor contracts; (3) disputes arising from (a) Disputes arising from the confirmation of labor relations; (b) Disputes arising from the conclusion, fulfillment, alteration, cancellation and termination of labor contracts; (c) Disputes arising from expulsion, dismissal, resignation and separation from employment; (d) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; (e) Disputes arising from remuneration for work, medical fees for work-related injuries and economic compensation or indemnification; and (f) Other labor disputes stipulated by laws and regulations.