Not pay social security can apply for labor arbitration

No, the company did not pay social insurance, can not apply for labor arbitration. The employer did not pay social insurance to the workers, is indeed a labor dispute. If the employer fails to pay social insurance premiums or fails to pay the full amount of social insurance premiums in accordance with the stipulated wage base, the laborer's claim to make up for the payment is generally inadmissible, and the laborer is told to solve the problem through the labor administration department.

Legal basis

Article 29 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

The Arbitration Commission of Labor Disputes shall, within five days from the date of receipt of the application for arbitration, consider that it meets the conditions for acceptance, accept the application and notify the applicant of the same; and if it does not consider that the application meets the conditions for acceptance, the Arbitration Commission of Labor Disputes shall notify the applicant of such acceptance in writing, stating the reasons for the same. If the Labor Dispute Arbitration Committee does not accept the application or fails to make a decision after the deadline, the applicant may file a lawsuit to the People's Court on the labor dispute matter.

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