How to deal with the company's arrears in social security?

Ways to protect the rights of companies that have no money to pay social security: complaint, mediation, arbitration and prosecution.

First, the company has no money to pay social security, and workers can't negotiate, so they can complain to the labor administrative department.

If the employer violates the state regulations and fails to pay the labor remuneration in full, the employee may complain to the labor administrative department, which shall handle it according to law.

The advantage of solving complaints is that once the employer receives the handling notice from the labor administrative department, if there is no special reason, the employer may pay the wages of the workers in time under the pressure of the labor administrative department, so that the workers may solve the problem of wage arrears at the lowest cost in the shortest time.

Two, complaints can not be resolved, employees can apply to the mediation organization for mediation.

(1) Mediation Organization:

In the event of a labor dispute, the parties may apply to the following mediation organizations for mediation:

(1) enterprise labor dispute mediation committee;

(2) Grassroots people's mediation organizations established according to law;

(3) Organizations established in towns and streets with the function of labor dispute mediation.

(2) Mediation process:

1. The parties may apply for labor dispute mediation in writing or orally.

If the application is made orally, the mediation organization shall record the basic information of the applicant, the disputed matters, the reasons and time for applying for mediation on the spot.

2, mediation of labor disputes, should fully listen to the facts and reasons of both parties, patient counseling, help them reach an agreement.

3. If an agreement is reached through mediation, a mediation agreement shall be made.

The mediation agreement shall be signed or sealed by both parties, and shall come into force after being signed by the mediator and stamped with the seal of the mediation organization, and shall be binding on both parties, and both parties shall perform it.

If the labor dispute mediation organization fails to reach a mediation agreement within fifteen days from the date of receiving the mediation application, the parties may apply for arbitration according to law.

4. After reaching a mediation agreement, if one party fails to perform the mediation agreement within the agreed time limit, the other party may apply for arbitration according to law.

5. If a mediation agreement is reached on the unpaid labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, and the employer fails to perform it within the agreed time limit, the employee may apply to the people's court for a payment order according to law with the mediation agreement. The people's court shall issue a payment order according to law.

Three, unwilling to mediate, mediation fails or fails to perform after reaching a mediation agreement, you can apply to the labor dispute arbitration committee for arbitration.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 63 of the Social Insurance Law of People's Republic of China (PRC) stipulates that if an 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.

If the employer fails to pay or repay the social insurance premium within the time limit, the social insurance premium collection agency may inquire about its deposit account in banks and other financial institutions; And can 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 their bank or other financial institutions in writing to allocate social insurance premiums. If the balance of the employer's account is less than the social insurance premium that should be paid, the social insurance premium collection agency may require the employer to provide guarantee and sign a deferred payment agreement.