Job Recruitment Website - Social security inquiry - How to supplement social security after winning the labor arbitration?
How to supplement social security after winning the labor arbitration?
1. Take the arbitration award to the municipal labor inspection brigade to complain, and ask the enterprise to pay back the social security, and ask the district social security center to calculate the payment.
2. After the municipal labor inspection brigade determines the wage income, it will be transferred to the social security center of the district where the enterprise social security account is located, and the supplementary data will be determined by the district social security center.
3. The district tax bureau will transfer the collection task to the district tax office for specific collection, and the district tax office will urge enterprises to pay.
How long is the arbitration period of labor arbitration?
For a labor dispute case applying for arbitration, the Arbitration Commission shall make a decision on whether to accept or reject it within seven days from the date of receiving the complaint;
If it decides to accept the case, it shall serve a copy of the complaint on the defendant within seven days from the date of the decision and form an arbitration tribunal;
Labor dispute arbitration cases shall be concluded within 60 days from the date of the formation of the arbitration tribunal; If the case is complicated and needs to be postponed, it may be extended appropriately with the approval of the Arbitration Commission, but the extension period shall not exceed 30 days.
Article 43 of the Labor Dispute Mediation and Arbitration Law
The arbitration tribunal shall conclude the labor dispute case within 45 days from the date when the labor dispute arbitration committee accepts the arbitration application.
If the case is complicated and needs to be postponed, it may be postponed with the approval of the chairman of the labor dispute arbitration commission, and the parties concerned shall be notified in writing, but the extension period shall not exceed fifteen days.
If the arbitration award is not made within the time limit, the parties may bring a lawsuit to the people's court on the labor dispute.
To sum up, when the applicant applies for labor arbitration, the arbitration commission requires the applicant to submit relevant materials that can prove the identity of the respondent according to the needs of filing the case for review. If the respondent is an employer, it shall provide its certificate of industrial and commercial registration. If the respondent is a worker, it shall submit its permanent residence address, current residence address and contact telephone number.
Legal basis:
People's Republic of China (PRC) social insurance law
Article 58
It is stipulated that the employer shall handle social insurance registration for employees within 30 days from the date of employment. If the social insurance has not been registered, the social insurance agency shall verify the social insurance premium it should pay.
Article 63
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.
Under normal circumstances, the time limit for paying back insurance depends on the social insurance premium collection agencies and enterprises.
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