Enterprises hang social insurance in the air. Can I claim this part of my personal expenses directly through the court?

It is impossible and unrealistic that the unit fails to pay social insurance to the employees, and the employees apply for labor arbitration and demand cash compensation without the need for the unit to pay social insurance.

1. The state establishes social insurance systems such as basic old-age insurance, basic medical insurance, industrial injury insurance, unemployment insurance and maternity insurance, and guarantees citizens' right to receive material help from the state and society in accordance with the law when they are old, sick, injured, unemployed and have children. This is the basic purpose and social security function of national social insurance.

2. China implements the mode of combining social pooling with individual accounts. The basic old-age insurance fund and benefits are divided into two parts. Part of it is that the basic old-age insurance premium paid by the employer enters the basic old-age insurance fund and is used to pay part of the social pension when employees retire. The overall fund is used to balance the burden of employers, implement pay-as-you-go and reflect social mutual assistance. The other part is that the basic old-age insurance premium paid by the individual enters the personal account to pay the pension in the personal account after retirement, which reflects personal responsibility. This is the payment principle of employee social security.

3 employees and employers have social insurance disputes, they can apply for mediation or arbitration and bring a lawsuit according to the provisions of the third paragraph of Article 83 of the Social Insurance Law of People's Republic of China (PRC). 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.

At present, labor arbitration departments in many places do not accept labor arbitration cases paid by social security alone. Once accepted, it is also the arbitration judgment unit that pays the employee social security, which must be paid in accordance with legal procedures. And after the employer handles the relevant formalities for the workers according to the regulations, the workers need to pay the corresponding premiums at the same time. If the employee does not agree to pay the fee, the unit does not have to pay the fee unilaterally.

5. The direct demand for corresponding compensation can only be reached through private agreement between both parties. Once arbitration or litigation is involved, only the employer and the employee shall pay the premium according to law, which shall be implemented according to the latest payment standard of local social security at the time of labor arbitration.

6. If both parties are dissatisfied with the handling of labor arbitration, they can follow the provisions of Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases: "The people's court shall accept the dispute arising from the employer's failure to handle the social insurance procedures for the workers, and the social insurance agency can't make up for it, resulting in their inability to enjoy social insurance benefits." Apply for a civil lawsuit.

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