How to deal with social security disputes

Legal analysis: The parties may apply for mediation, arbitration or bring a lawsuit according to law, or settle the case through consultation. The principle of mediation applies to arbitration and litigation procedures. (1) Administrative treatment. From the analysis of the nature of social insurance disputes, we can see that these three types of disputes, such as social insurance participation disputes, disputes caused by defects in payment behavior and insurance payment disputes, should be handled by administrative means and should not be accepted as civil cases. (2) the way of judicial relief. Judicial practice has proved that it is not ideal to accept all kinds of social insurance disputes as labor dispute cases without distinguishing nature, and there are many drawbacks. First of all, it is difficult to judge clearly and concretely. The social insurance premiums payable shall be calculated according to the total monthly wages of employees. Because the total monthly wages of workers are always changing, it is difficult for the people's court to determine the type, amount and time of social insurance that should be paid each month when judging the employer to reissue social insurance for workers. Secondly, it is difficult to execute the judgment. Because of the particularity of social insurance disputes, the execution of the judgment of the people's court needs the assistance of the relevant administrative departments.

Legal basis: Article 26 of the Law on Mediation and Arbitration of Labor Disputes 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;