Employee social security did not pay arbitration how to deal with

Employee social security did not pay the arbitration how to deal with

When the employee social security is not paid, involving labor disputes, usually can be resolved through arbitration. Specific ways to deal with this include the following steps:

1. Submit an arbitration application: employees can submit an arbitration application to the local Labor Arbitration Commission, clearly put forward the claim of social security has not been paid.

2. Evidence collection: Employees need to provide relevant evidence, such as pay stubs and social security payment records, to prove that the company has not paid social security for them.

3. Arbitration hearing: The Labor Arbitration Commission will hear the application and organize conciliation between the two parties.

4. Failure of conciliation: If the conciliation fails, the Labor Arbitration Committee will make a decision based on the facts and the law.

5. Enforcement of the award: After the award is made, the employee and the company should follow the content of the award. If the company fails to fulfill its obligations according to the content of the award, the employee can apply to the court for compulsory execution.

It should be noted that the specific handling and procedures may vary depending on the region and the specific case. Therefore, employees are advised to consult with local labor arbitration agencies or lawyers to understand the relevant laws, regulations and procedures in order to better safeguard their rights and interests when encountering the problem of non-payment of social security.

In summary:

When an employee's failure to pay social security involves a labor dispute, it can be resolved through arbitration. The specific processing includes the steps of submitting an arbitration application, evidence collection, arbitration hearings, failure of mediation and implementation of the award. Employees should consult the local labor arbitration institution or lawyer in time to understand the relevant laws and regulations and procedures in order to better protect their rights and interests.

Legal basis:

Article 77 of the Labor Law of the People's Republic of China*** and the People's Republic of China stipulates, "In the event of a labor dispute between an employer and a worker, the parties concerned may, in accordance with the law, apply for mediation, arbitration, or bring a lawsuit, or may settle the dispute through consultation."

Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates, "This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) disputes arising from the conclusion, fulfillment, alteration, dissolution and termination of labor contracts; (3) disputes arising from the removal, dismissal, and resignation and separation from service; (4) disputes over working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) disputes over labor remuneration, medical fees for work-related injuries, and economic compensation or indemnity; and (6) other labor disputes stipulated by laws and regulations."