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What about my social security after the second trial of labor disputes?
1. Article 2 of the Labor Dispute Mediation and Arbitration Law? This Law is applicable to the following labor disputes between employers and employees in People's Republic of China (PRC):
(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 or resignation;
(4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection;
(five) disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation;
(six) other labor disputes as prescribed by laws and regulations.
1. Disputes arising from social insurance refer to the fact that workers cannot enjoy social insurance benefits because they have not registered with the employer, and the employer pays the economic compensation for the termination of the labor contract, which is a labor dispute and the people's court shall accept it;
2. In the case of "not paying in full" or "not paying in time", the employer has registered social insurance or paid but failed to fully fulfill the payment requirements. In this case, once the employer has registered for social insurance, it means that workers can enjoy the expected social insurance benefits in the legal sense and will not infringe on the rights and interests of workers. The right subject to correct or punish the employer for violating the payment regulations can only be the administrative department of labor security or the tax authorities. Therefore, the laborer can terminate the contract, which is not a labor dispute, nor is it within the scope of labor arbitration and court acceptance.
Second, the "Provisional Regulations on the Collection and Payment of Social Insurance Fees" Article 26 If the payer refuses to pay social insurance fees 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.
1, registered for social insurance, and failed to pay the insurance premium in full and on time;
2. The administrative department of labor security or the tax authorities shall apply to the people's court for compulsory expropriation according to law.
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