Ask the company to pay back social security directly to the court can be sued

It is possible to ask a company to pay social security directly to the court. The employer has the obligation to pay the social insurance for the workers on time, if not paid on time, the workers have the right to complain to the labor inspection brigade and social security department to ask for back pay. However, the request to pay social security is not within the jurisdiction of labor arbitration and court. According to the relevant laws of China, an employer shall apply for social insurance registration with the social insurance agency for its employees within thirty days from the date of employment. If it fails to register for social insurance, the social insurance agency shall approve the social insurance premiums it should pay.

The unit did not pay social security, requiring the unit to make up for the payment, in order to achieve this purpose, the rights of the program is very critical, to the court of course, but before the court, be sure to judge and analyze the case before the verdict of the direction of the outcome of the case, otherwise a few lawsuits down, to no avail.

If you choose to ask the unit to make up for the social security, first understand the local courts, treating such disputes, how to deal with the court, the court, if it is to support the workers' claims, then apply for labor arbitration, labor arbitration ruled that does not support the court, and then to the court; if this kind of demand for the unit to make up for the disputes, the court does not support, do not use this litigation to deal with it, it should be another way. Should be another way, such as administrative ways to deal with, so as not to court action does not achieve the desired purpose.

Legal basis:

Social Insurance Law of the People's Republic of China

Article 63

An employer who fails to pay the social insurance premiums in full and on time shall be ordered by the social insurance premium collection agency to pay the premiums in full and on time.

If the employer fails to pay the social insurance premiums in full or on time, the social insurance premium collection agency may inquire into the deposit accounts of the employer's banks and other financial institutions; it may also 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 in writing the banks or other financial institutions where the employer holds accounts of the social insurance premiums to allocate the social insurance premiums. If the balance in the account of an employer is less than the social insurance premiums that should be paid, the social insurance premium collection agency may require the employer to provide a guarantee and sign an agreement on deferring payment of the premiums.

If the employer fails to pay the social insurance premiums in full and does not provide a guarantee, the social insurance premium collection agency may apply to the people's court for the seizure, attachment or auction of the property whose value is equivalent to the social insurance premiums that should be paid, and the proceeds from the auction will be used to offset the payment of social insurance premiums.