Can the unit apply for labor arbitration if it does not pay social security?

According to relevant laws and regulations, it is illegal for an employer not to buy social security for workers, and workers can apply for labor arbitration to safeguard their own interests.

Legal analysis

Social insurance refers to a social and economic system that provides income or compensation for people who lose their ability to work, are temporarily unemployed or suffer losses due to health reasons. The main items of social insurance include endowment insurance, medical insurance, unemployment insurance, industrial injury insurance and maternity insurance. The social insurance plan is organized by the government, forcing a certain group to use part of its income as social insurance tax (fee) to form a social insurance fund. Under certain conditions, the insured can get fixed income or loss compensation from the fund, which is a redistribution system with the goal of ensuring material and labor reproduction and social stability. The medical insurance system refers to a system in which a country or region raises, distributes and uses medical insurance funds to solve the problem of disease prevention and treatment of residents according to the insurance principle. The medical insurance system is an effective financing mechanism for residents' medical care, a relatively progressive system that constitutes the social insurance system, and also a widely adopted health expense management model in the world. According to the relevant laws and regulations, if the employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit, and if it fails to pay within the time limit, it may impose a late fee. The unit shall pay social security for employees during the labor relationship. If the employee asks the company to terminate the labor relationship, he can ask the company to pay economic compensation. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the labor contract is not signed, the maximum salary will be double 1 1 month.

legal ground

People's Republic of China (PRC) labor dispute mediation and arbitration law

Article 2 This Law shall apply 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.

People's Republic of China (PRC) social insurance law

Article 58 An 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.