Labor arbitration retroactive social security cases

Legal analysis: first, the labor security department applied for labor inspection brigade intervention mediation. Generally staff are by phone or to the enterprise to discuss the situation of delinquent social security contributions.

Secondly, employees can apply for labor arbitration, but we need to prepare and collect evidence to prove that they have formed a labor relationship with the unit, such as uniforms, payroll, personnel certificates, signed labor contracts and so on, some of the evidence that can prove that there is a labor relationship with the business unit, and then go to the local social security bureau to deal with the complaint.

If you are dissatisfied with the results of labor arbitration, you can file a lawsuit, labor arbitration is a prelude to litigation, labor arbitration is required to file a lawsuit.

Legal basis: The People's Republic of China

Article 5 of the labor disputes arising from the implementation of the collective contract, the negotiation and resolution of the labor union can apply for arbitration according to law; not yet established trade unions, the higher trade unions to guide the workers to apply for arbitration in accordance with the law on the election of workers' representatives.

Article 6 Where there are more than ten workers on one side of a dispute and there is a ****same request, the workers may elect three to five representatives to participate in the arbitration.

Article 7 The acts of a representative participating in arbitration shall have effect on the party he represents, but the representative's change or waiver of the request for arbitration or recognition of the other party's request for arbitration, or settlement, must be agreed to by the party represented.

Article 8 If the employing unit in dispute is revoked its business license, ordered to close down, or revoked, and if the employing unit decides to dissolve or go out of business ahead of time, and is unable to assume the relevant responsibilities, its contributors, start-up units, or competent authorities shall be made the **** same parties in accordance with the law.

Article 9 Where a dispute arises between a worker and an individual contracting operator and an application is made to the Arbitration Commission for arbitration in accordance with the law, the organization that issued the contract and the individual contracting operator shall be made parties.