Can social security disputes be prosecuted?

Legal analysis: whether social insurance disputes can be sued needs to be distinguished. First, the court shall accept the dispute that the employer fails to handle the social insurance formalities for the workers and the social insurance agency fails to make up for the compensation losses caused by their inability to enjoy social insurance benefits. As long as the laborer can prove that the employer failed to handle the social insurance formalities for him, it can cause his losses. As for the burden of proof to prove whether the social security agency can reissue it, it should not be used as the standard for accepting cases. Second, the employer has gone through the social insurance procedures for the workers, but the employer fails to pay the social insurance premium for the workers according to the regulations (unpaid/refused to pay the social insurance premium), and the social security management department can impose it according to law, and the court will not accept it; If there is a dispute between the two parties on the payment base/payment period, it belongs to the scope of administrative management and the court will not accept it.

Legal basis: Article 83 of People's Republic of China (PRC) Social Insurance Law. If the employing unit or individual thinks that the behavior of the social insurance fee collection agency infringes upon its legitimate rights and interests, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. The employing unit or individual may apply for administrative reconsideration or bring an administrative lawsuit against the social insurance agency for failing to register social insurance, verify social insurance premiums, pay social insurance benefits, handle social insurance transfer and connection procedures or infringe upon other social insurance rights and interests according to law. Individuals and employers who have social insurance disputes may apply for mediation, arbitration and bring a lawsuit according to law. If an employer infringes upon an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law.