Is there a good chance for the company to apply for arbitration without buying social security?

Companies can win without buying social security arbitration. If the unit does not pay social insurance, it violates the Social Insurance Law, Labor Law, Industrial and Commercial Insurance Regulations and other laws and regulations. At the same time, it also infringes upon the legitimate rights and interests of workers. Workers can complain to the labor inspection department where the employer is located to claim their legitimate rights and interests, or they can complain to the department in charge of social insurance collection of the tax authorities.

Article 38 of People's Republic of China (PRC) Labor Contract Law

Under any of the following circumstances, the employer unilaterally terminates the labor contract, and the employee may terminate the labor contract:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) Failing to pay labor remuneration in full and on time;

(3) Failing to pay social insurance premiums for laborers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances under which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.

What do you mean by "three noes" in applying for labor dispute arbitration?

1. Don't sue the wrong arbitration object. When signing a labor contract, workers must find out which unit they work in and whether the employer has a business license and independent legal person qualification;

2. Don't miss the valid evidence. Workers claim their legitimate rights and interests, and applying for arbitration, like going to court, should also provide valid evidence;

Don't miss the limitation of labor arbitration. Limitation is a prerequisite for entering labor arbitration.

To sum up, it is Bian Xiao's relevant answer about whether the company does not buy social security to apply for arbitration. I hope I can help you.

Legal basis:

Article 84 of the Social Insurance Law of People's Republic of China (PRC) stipulates that if the employer fails to register for social insurance, the social insurance administrative department shall order it to make corrections within a time limit; If no correction is made within the time limit, the employer shall be fined between one and three times the amount of social insurance premiums payable, and the directly responsible person in charge and other directly responsible personnel shall be fined between 500 yuan and 3,000 yuan.

Article 86 If an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay within a time limit or make up for it, and from the date of default, an overdue fine of 5/10000 shall be added daily; Failing to pay within the time limit, the relevant administrative departments shall impose a fine of more than one time and less than three times the amount owed.