Do not pay social security arbitration how to compensate for the enterprise was labor arbitration how to complain

The company has not been paying social security, the application for arbitration is not accepted can be to the labor inspection complaints. For the employer does not pay social security, there are three ways to relief, namely, labor dispute arbitration; to the labor inspection or social insurance fund collection agency complaints; to the people's court litigation. Article 83(3) of the Social Insurance Law states: "Where a dispute over social insurance arises between an individual and his employer, the individual may apply for mediation, arbitration, or bring 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 social insurance premium collection agency to deal with the matter in accordance with the law." However, because there are more types of disputes between employers and workers on social insurance, and the administrative departments are involved, in judicial practice, the settlement of social security disputes through judicial means has been dealt with differently in different places, which is manifested in the following ways: labor arbitration departments do not accept the cases, and the courts do not accept the cases; labor arbitration departments accept the cases, but the courts do not accept the cases; arbitration departments accept the cases, and the courts do accept the cases. The judicial remedies for social security disputes vary so much across the country, stemming from different perceptions of social security disputes. Some viewpoints hold that social security disputes are tripartite social security disputes between social insurance agencies and employers or workers, and that since one party is a social insurance agency enjoying administrative authorization, they should be resolved administratively and cannot be resolved by way of arbitration. For example, the labor arbitration department and the people's court have the duty to mediate in labor disputes, but social security disputes cannot be mediated due to their mandatory nature; there is a view that the employer's obligation to insure the workers according to the law belongs to the legal obligation, and also belongs to the basic labor rights and interests of the workers, and when the basic rights and interests of the workers are infringed upon, they can of course be resolved through labor arbitration. The Law on Mediation and Arbitration of Labor Disputes has made it clear that "social security disputes" belong to the category of labor disputes. For the company does not pay social security, the local labor dispute arbitration committee is not accepted, labor inspection and social insurance premium collection audit department will certainly be accepted, you can complain to the labor inspection or social insurance premium collection audit department.

The Chinese people*** and the State Law on Mediation and Arbitration of Labor Disputes, Article 5 of the occurrence of labor disputes, the parties do not want to negotiate, consultation fails, or reached a settlement agreement is not fulfilled, you can apply to the mediation organization mediation; do not want to mediate, mediation can not be reached or reached a mediation agreement is not fulfilled, you can apply to the Arbitration Commission of Labor Disputes arbitration; arbitration award is not satisfied. If one is dissatisfied with the arbitration award, one may, except as otherwise provided in this Law, bring a lawsuit to the people's court. Article 42 of the Law of the People's Republic of China on Conciliation and Arbitration of Labor Disputes The arbitral tribunal shall conciliate before making an award. If an agreement is reached in mediation, the arbitral tribunal shall make a statement of mediation. The conciliation shall state the request for arbitration and the result of the agreement of the parties. The conciliation letter shall be signed by the arbitrator, stamped with the seal of the Arbitration Commission for Labor Disputes, and delivered to both parties. After the conciliation letter signed by both parties, the legal effect occurs. Conciliation fails or conciliation before the delivery of a party to repent, the arbitral tribunal shall make a timely decision.