Why does the Arbitration Commission ignore the issue of social insurance?

The company has not paid social security, and if the application for arbitration is not accepted, it can complain to the labor inspection.

There are three remedies for employers' failure to pay social security, namely, labor dispute arbitration; Complain to the labor inspection or social insurance fund collection agency; Bring a lawsuit to the people's court.

The third paragraph of Article 83 of the Social Insurance Law stipulates: "An individual and an employer may apply for mediation, arbitration or bring a lawsuit in accordance with the law. If the employer infringes on the 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. " However, due to the wide variety of social insurance disputes between employers and workers, and involving administrative departments, in judicial practice, the ways to solve social insurance disputes through judicial channels are not the same in different places, which are as follows: the labor arbitration department refuses to accept them, and the court refuses to accept them; The labor arbitration department accepts it, but the court does not accept it; The arbitration department accepts it, and the court also accepts it.

The great difference between countries in judicial relief of social security disputes stems from the different understanding of social security disputes. Some people think that social security disputes are social security disputes between social insurance agencies, employers or workers. Because one party is a social insurance agency with administrative authorization, it should be resolved by administrative means, not arbitration. For example, both the labor arbitration department and the people's court have the duty of mediation when trying labor dispute cases, but social security disputes cannot be mediated because of their mandatory nature; Some people think that it is a legal obligation for employers to insure workers according to law, and it also belongs to the basic labor rights and interests of workers. When the basic rights and interests of workers are infringed, it can of course be solved through labor arbitration, and the Labor Dispute Mediation and Arbitration Law has clearly defined that "social security disputes" belong to the category of labor disputes.

If the company fails to pay social security, the local labor dispute arbitration commission will not accept it, and the labor supervision and social insurance premium collection and inspection department will certainly accept it, and can complain to the labor supervision or social insurance premium collection and inspection department.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.