According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases （3） According to Article 1, if the original employer fails to handle social insurance procedures for workers, and the social insurance agency fails to do so, resulting in their inability to enjoy social insurance benefits, and workers require employers to compensate for losses, the people should accept the dispute, which is a labor dispute. According to the provisions of the first paragraph of Article 7 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, a dispute in which a worker requests the social insurance agency to pay social insurance benefits is not a labor dispute. Such situations include （1） Disputes arising from the employer's failure to pay in full and on time after establishing a social security relationship for workers. According to the third paragraph of Article 83 of the Social Insurance Law of the People's Republic of China, if an employer infringes on an individual's social insurance rights and interests, the individual may also request the social insurance administrative department or the social insurance premium collection agency to deal with it according to law. Such cases shall be handled according to the administrative compulsory collection procedures; （2） Citizens who think that the social insurance collection agency infringes their legitimate rights and interests by failing to pay social insurance benefits to the social insurance agency can apply for administrative reconsideration or file an administrative lawsuit, which is not a labor dispute.
