Social insurance is only paid for three months, how to apply for labor arbitration

If there is a dispute, the employee may apply for arbitration at the labor and personnel dispute arbitration commission where the employer is located or where the labor contract is performed. To apply for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration information or business license when filing the case.

Labor Dispute Mediation and Arbitration Law

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

Article 21 The Labor Dispute Arbitration Commission shall be responsible for the jurisdiction of labor disputes occurring in the region.

Labor disputes shall be under the jurisdiction of the labor dispute arbitration commission at the place where the labor contract is performed or where the employer is located. If both parties apply for arbitration to the labor dispute arbitration commission at the place where the labor contract is performed and the place where the employer is located, the labor dispute arbitration commission at the place where the labor contract is performed shall have jurisdiction.

Consult with the local labor bureau, social security cannot be arbitrated in most areas.

Legal analysis: Labor arbitration has been inconclusive for three months, and the result should be waited.

Legal basis: Article 43 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 43 The arbitral tribunal shall conclude its decision on a labor dispute case within 45 days from the date of acceptance of the arbitration application by the labor dispute arbitration commission. If the case is complicated and needs to be extended, it may be extended with the approval of the director of the Labor Dispute Arbitration and Training Committee, and the extension may be notified in writing to the parties, but the extension period shall not exceed 15 days.

If the arbitral award is not made within the time limit, the parties may file a lawsuit with the people's court on the labor dispute. When the arbitral tribunal adjudicates a labor dispute case, Cha Laowei has already made a clear decision on some of the facts.

Regarding the question you mentioned about how long it takes to notify the defendant to apply for labor arbitration. According to the "Labor Dispute Mediation and Arbitration Law of the People's Republic of China", the notice shall be served within five days.

Article 29 Within five days from the date of receipt of the arbitration application, if the labor dispute arbitration commission finds that it meets the conditions for acceptance, it shall accept it and notify the applicant; Where it is found that the requirements for acceptance are not met, the applicant shall be notified in writing not to accept the application and the reasons shall be explained. If the labor dispute arbitration commission does not accept the case or fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court on the labor dispute matter.

Article 30 After accepting an application for adjudication, the labor dispute arbitration commission shall send a copy of the arbitration application to the respondent within five days. After receiving a copy of the arbitration application, the respondent shall, within 10 days, submit a statement of defense to the labor dispute arbitration commission. After receiving the statement of defense, the labor dispute arbitration commission shall serve a copy of the statement of defense on the applicant within five days.

If the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings.

If you have only paid social security for 25 months during your employment, it may affect your rights and interests in the relevant social security benefits. For specific how to deal with it, it is recommended that you follow the following steps for megaliquids:

1.Contact the original employer: First of all, you need to contact the original employer to confirm whether you have paid all the amounts due in full and ask the company to provide corresponding supporting materials.

2.Consult the local social security department: If you find that there is indeed a lack of payment, you can consult the local social security department or the human resources and social security bureau and other institutions to understand the supplementary payment plan and policy regulations.

3.Filing an application for labor arbitration: If it cannot be resolved through negotiation, the judgment panel may consider filing a complaint with the labor arbitration commission. In this process, you need to prepare relevant evidence materials and explain your claims and reasons in detail.

In short, when dealing with similar problems, please be sure to carefully check all the information and consult a professional organization in time to determine the best solution.

Generally, according to the relevant laws and regulations, the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The claimant applying for arbitration shall submit a written application for arbitration and submit copies according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses. If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

The relevant laws and regulations stipulate the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

If, due to force majeure or other legitimate reasons, the parties cannot apply for arbitration within the limitation period for arbitration as provided for in the first paragraph of this Article, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Article 28 The claimant shall submit a written application for arbitration and submit a copy according to the number of respondents.

The statement of claim for arbitration shall contain the following particulars:

1) The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

3) Evidence and evidence**, names and addresses of witnesses.

If it is indeed difficult to write an arbitration application, the application may be made orally, and the labor dispute arbitration commission shall record the collapse and inform the other party.