Job Recruitment Website - Social security inquiry - Can I apply for arbitration if the social security is not paid in full?

Can I apply for arbitration if the social security is not paid in full?

If the social security is not paid in full, you can apply for arbitration. The reason for this is the following:

1. If there is a dispute with the employer over the payment of social insurance premiums, an arbitration application may be filed;

2, China's laws, can apply for labor arbitration, including the following:

(1) Disputes arising from dismissal, delisting, dismissal of employees, resignation and voluntary resignation of employees;

(two) disputes arising from the implementation of state regulations on wages, insurance, welfare, training and labor protection;

(3) Disputes arising from the performance of the labor contract;

(four) other labor disputes that should be accepted by the labor dispute arbitration committee according to laws and regulations.

If the company pays less social insurance, it can apply for labor arbitration. After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation within 30 days; If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration within 60 days from the date of occurrence of the labor dispute. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. If you are dissatisfied with the arbitration award, you can bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.

If the employer fails to establish a social insurance relationship for the employee, fails to pay the social insurance premium in full or fails to pay the social insurance premium in accordance with the prescribed wage base, the employee who claims to pay back the social insurance premium will generally not be accepted, and the employee will be informed to solve it through the labor administrative department; If a laborer requests the employer to compensate for the losses or pay the relevant expenses in accordance with the regulations, it shall be accepted.

Legal basis: Article 63 of People's Republic of China (PRC) Social Insurance Law.

If the employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up within a time limit.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can apply to the relevant administrative departments at or above the county level to make a decision on the allocation of social insurance premiums, and notify their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.

If the employer fails to pay the social insurance premium in full and fails to provide guarantee, the social insurance premium collection agency may apply to the people's court for sealing up, distraining and auctioning the property whose value is equivalent to the social insurance premium that should be paid, and the proceeds from the auction will be used to offset the social insurance premium.