Job Recruitment Website - Social security inquiry - Is it acceptable for the applicant to pay social security and labor arbitration?
Is it acceptable for the applicant to pay social security and labor arbitration?
The Mediation and Arbitration Law determines that social insurance disputes belong to labor disputes, and disputes between employers, workers and social security institutions due to arrears belong to collection disputes, which belong to the category of administrative management and have the nature of social management, and are not only social security disputes between workers and employers. Therefore, for those disputes that have been handled by the employer, but occur because the employer fails to pay or refuses to pay social insurance premiums, or because of the payment period, payment base and other reasons, the social security management department should solve them. If the employer fails to go through the social insurance formalities for the workers, the social insurance agency can't make up for it, and the workers can't enjoy the social insurance benefits, it is a typical social security dispute to ask the employer to compensate for the losses, and the people's court shall accept it according to law.
Legal objectivity:
Article 28 of the Labor Dispute Mediation and Arbitration Law: When applying for arbitration, the applicant shall submit an application for arbitration and submit copies according to the number of respondents. (a) the name, sex, age, occupation, work unit and domicile of the laborer, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person; (2) The arbitration claim and the facts and reasons on which it is based; (3) Evidence and its sources, names and residences of witnesses. If it is really difficult to write an arbitration application, you can apply orally, which will be recorded by the labor dispute arbitration Committee and informed to the other party. Article 29 of the Labor Dispute Mediation and Arbitration Law, the labor dispute arbitration committee shall accept the application for arbitration within five days from the date of receipt, and notify the applicant; If it does not meet the acceptance conditions, it shall notify the applicant in writing that it will not be accepted and explain the reasons. If the labor dispute arbitration commission refuses to accept or fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court on the labor dispute.
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