The company can apply for labor arbitration if it does not pay social insurance. If the unit does not pay the social insurance fees for the employees, it can apply for labor arbitration according to Article 38 of the Labor Contract Law of the People's Republic of China, require the unit to terminate the labor relationship and pay the economic compensation for the termination of the labor relationship. According to Article 2 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China, the following labor disputes between employers and workers within the territory of the People's Republic of China shall be governed by this Law:
1、 Disputes arising from the confirmation of labor relations;
2、 Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts;
3、 Disputes arising from expulsion, dismissal, resignation and 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;
6、 Other labor disputes stipulated by laws and regulations.
Legal basis
Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law applies 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, dissolution and termination of labor contracts;
（3） Disputes arising from expulsion, dismissal, resignation and 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;
（6） Other labor disputes stipulated by laws and regulations.
