Does labor arbitration accept social security issues?

Legal analysis: paying back social insurance is not within the scope of labor arbitration, but within the scope of administrative management. Disputes arising from the employer's non-payment or refusal to pay social insurance premiums or the payment period and payment base shall be handled by the social security management department. The Mediation and Arbitration Law determines that social insurance disputes belong to labor disputes, and disputes between employers, workers and social security institutions due to arrears belong to collection disputes, which belong to the category of administrative management and have the nature of social management, and are not only social security disputes between workers and employers. Therefore, for those disputes that have been handled by the employer, but occur because the employer fails to pay or refuses to pay social insurance premiums, or because of the payment period, payment base and other reasons, the social security management department should solve them. If the employer fails to go through the social insurance formalities for the workers, the social insurance agency can't make up for it, and the workers can't enjoy the social insurance benefits, it is a typical social security dispute to ask the employer to compensate for the losses, and the people's court shall accept it according to law.

Legal basis: Provisional Regulations on the Collection and Payment of Social Insurance Fees.

Thirteenth payment unit fails to pay and withhold social insurance premiums according to law, the administrative department of labor security or the tax authorities shall order it to pay within a time limit; Fails to pay, in addition to repay the amount owed, from the date of default, an additional 2/1000 of the daily fines. Late payment fees are incorporated into social insurance funds.

Article 26 If a payer refuses to pay social insurance premiums and late fees within the time limit, the administrative department of labor security or the tax authorities shall apply to the people's court for compulsory collection according to law.