Disputes arising from the payment of social insurance premiums are not labor disputes. The Labor Law clearly stipulates that workers have the right to social insurance, and employers and workers must participate in social insurance and pay social insurance premiums according to law. This is mandatory, and it is illegal not to pay the dark gray insurance premium according to law. Disputes between workers and employers for declaring and paying social insurance premiums are not labor disputes, and cannot be handled through mediation, arbitration or litigation procedures, but can only be investigated and dealt with by labor administrative departments or social insurance premium collection agencies.

Article 3 of the Labor Law: Workers enjoy equal employment and choice of occupation, remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, submission of labor disputes and other labor rights stipulated by law.

Article 72 The sources of social insurance funds shall be determined according to the types of insurance, and social pooling shall be gradually implemented. Employers and workers must participate in social insurance and pay social insurance premiums according to law.

Article 100 If an employer fails to pay social insurance premiums without reason, the labor administrative department shall order it to pay within a time limit. If it fails to pay within the time limit, it may impose a late fee.

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases

first

The following disputes between workers and employers belong to the labor disputes stipulated in Article 2 of the Labor Law. If a party refuses to accept the ruling made by the labor dispute arbitration commission and brings a lawsuit to the people's court according to law, the people's court shall accept it:

(a) disputes between workers and employers in the process of performing labor contracts;

(2) Disputes arising after the laborer and the employer have not concluded a written labor contract but have formed a labor relationship;

(3) Disputes arising from claims for pension, medical care, industrial injury insurance benefits and other social insurance premiums with the original employer who has not participated in social overall insurance after retirement.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.