Can the company arbitrate if it doesn't pay social security?

Companies that fail to pay social security can apply for labor arbitration. Social security is compulsory insurance, and employers must buy it for employees. The employer shall pay social security for the employees within one month after their employment. Even if employees don't want the company to buy social security or agree in writing that the company doesn't buy social security, it is illegal for the company not to buy it.

Legal analysis

The employer's handling of social insurance registration for employees mainly means that the employer should handle social insurance registration for its employees while applying to the social insurance agency. The time requirement is to apply within 30 days from the date of employment of the employer. The employer has existed for a certain period of time and has registered social insurance for its original employees. After recruiting new employees, they should go to the local social insurance agency for social insurance registration for the newly recruited employees within 30 days from the date of recruitment. According to the previous "Social Insurance Law", the employer should register for social insurance. In practice, due to various reasons, employers do not apply for social insurance registration from time to time. For example, some employers don't understand and are not familiar with social insurance laws and regulations, and they don't know how to register social insurance with social insurance agencies. Some employers do not apply for social insurance registration in order to avoid paying social insurance premiums. Units that have not registered for social insurance generally do not declare and pay social insurance premiums themselves. According to this law, if the employer fails to register for social insurance according to law, the amount of social insurance premium that the employer should pay shall be directly approved by the social insurance agency.

legal ground

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.

Article 63 If an 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.