Who will arbitrate and pay the personal part of social security?

There is no legal basis for employers to pay social insurance after labor arbitration, and it should be borne by workers after arbitration.

If the employer fails to establish a social insurance relationship for the employee, fails to pay the social insurance premium or fails to pay the social insurance premium in full according to the stipulated salary base, the employee who claims to pay back the social insurance premium will generally not be accepted, and the employee will be informed to solve it through the labor administrative department.

Employers and workers may apply for labor arbitration on the following labor disputes:

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 delisting, dismissal, resignation and resignation;

4. Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;

5. Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;

6. Other labor disputes stipulated by laws and regulations.

Legal basis:

Article 58 of People's Republic of China (PRC) Social Insurance Law

The employing unit shall, within 30 days from the date of employment, apply to the social insurance agency for social insurance registration for its employees. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.

Employees-free individual industrial and commercial households who voluntarily participate in social insurance, part-time employees who do not participate in social insurance in the employing unit and other flexible employees shall apply to the social insurance agency for social insurance registration.

The state establishes a national unified personal social security number. Personal social security number is a citizen's identity number.

Article 63 of People's Republic of China (PRC) Social Insurance Law

If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, so as to offset the social insurance premium with the proceeds from the auction.