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Apply for labor arbitration to make up the social security

Legal subjective:

1, you should apply for labor arbitration to make up for the social security. 2, you can make up for two and a half years of social security, if because in the social security institutions can not make up for the payment, you can ask for compensation for the unit. 3, to make up for the payment of the base of the payment of the same did not have the same unified regulations. Some provinces are in accordance with the average social wage of employees in the workplace in previous years, such as Anhui Province. Some provisions in accordance with the current wage contribution base to make up for the payment, there are also provinces in accordance with the annual actual wage base to make up for the payment. As for the amount of retroactive payment, if the labor arbitration, the social security department will help you calculate, then the unit and the individual each bear the part that should be borne.4, the key is to retain the proof of the two years of labor relations materials, otherwise the possibility of applying for labor arbitration is not very likely to win the case. The following is for reference only. Specific reference: According to the "Ministry of Labor and Social Security on the establishment of labor relations related matters notice" (May 25, 2005 Ministry of Labor and Social Security issued [2005] No. 12)

Legal Objective:

The supreme people's court on the trial of labor disputes on the application of the law on a number of issues of the interpretation (3) of the labor disputes cases, the first workers to the employer did not apply for social insurance procedures, and the social insurance agency for social security, the employer is the only one to apply for social security, the employer has not been able to apply for social security. Article 1 of the Interpretation (III) of the Supreme People's Court on Several Issues on the Application of Law in Trial of Labor Dispute Cases: Where a dispute arises between a worker and his employer on the ground that the employer has failed to carry out the social insurance procedures for him and the social insurance agency is unable to carry out the procedures in a way that makes it impossible for the worker to enjoy the social insurance benefits, the people's court shall accept the dispute.