Research On Social Security Issues In Labor Dispute Arbitration In Dalian

Social security system is an institutional arrangement to guarantee the basic life of the people and improve the quality of national life.With China’s economic and social development and social progress,the level of social security is gradually improving,and the national attention and attention.The government report of the two sessions in 2020 further refines the content of social insurance in the social security system,and encourages enterprises to develop enterprise annuity,occupational pension,etc.the increase of government and NPC deputies’ proposals on social security system also represents the degree of national attention to the social security system.However,the social security system represented by social insurance in the specific practice process,because the security benefits and security conditions it obtains are mainly related to their citizenship,but to a certain extent,they are not directly related to the working ability and performance of workers,and there is no professional legal documents as the support,resulting in some contradictions between enterprises and internal employees For example,enterprises have not paid social insurance for employees,and enterprises have paid less or cut off in the process of paying social insurance for employees,which has caused a series of labor disputes,which not only increases the content and complexity of labor dispute arbitration,but also affects the harmonious relationship between enterprises and workers.According to the data of the statistical yearbook of the National Bureau of statistics in 2020,the number of labor disputes caused by social insurance in 2017 was 135211,and it increased to 144533 in 2018.In just one year,it increased by more than 9000.It can be seen that the labor disputes on social security are gradually increasing,and the growth rate is also showing a rapid trend.At present,there are mainly labor contract law and labor dispute mediation and Arbitration Law of the people’s Republic of China on labor dispute arbitration at the level of social security.Among them,the relevant legal provisions on social security system are generally summarized as social insurance and welfare.To a certain extent,the lack of analysis of specific events and specific practice content makes many cases of social security in labor dispute arbitration have no law to follow and no regulations to refer to.The courts in various regions conduct arbitration according to their own understanding,and the arbitration results may have certain deviation.Based on such a social background,this paper studies the social security issues in labor dispute arbitration.Based on the perspective of social security,it has certain research significance and value to explore the internal factors of labor dispute and the issue of labor dispute arbitration.This paper is mainly divided into five chapters.The first chapter is the introduction,which mainly describes and analyzes the research background and significance,research methods and research status at home and abroad,so as to have a clear understanding of the research content at home and abroad,and pave the way for the theoretical background of the full text.The second chapter is the concept definition and theoretical basis,which defines the concepts of labor dispute,social security and labor dispute arbitration,and expounds the research theories involved in this paper,including welfare pluralism theory and equity theory,which lays a theoretical foundation for the full text.From the third chapter,focusing on the actual cases of labor disputes caused by social security,through the description and analysis of four representative insurance cases in Dalian,such as endowment insurance cases,medical and maternity insurance cases,industrial injury insurance cases and unemployment insurance cases,the internal causes of labor disputes are found out.The social security problems in Dalian labor dispute arbitration are summarized as follows:there are deviations between the system provisions and the specific practice,the lack of professional social security labor dispute arbitration institutions,the non-standard process of social security dispute arbitration,and the lack of self-protection awareness of workers in social security.At the same time,the causes of the problems are studied in depth,which are mainly reflected in the lack of relevant laws of social security,the need to improve the supervision and the concept of social security has not yet been popularized.A comprehensive analysis of the causes of the existing problems is an important part of the in-depth exploration of social security issues in labor dispute arbitration.Finally,based on the above problems,this paper puts forward the corresponding solutions:strengthening the top-level design of social security,establishing a professional social security labor dispute arbitration institution,improving the standardization of the social security labor dispute arbitration process,and accelerating the popularization of social security concept and knowledge,so as to comprehensively and objectively put forward scientific suggestions and Countermeasures for the current social security cause At the same time,it can reduce the number of labor disputes caused by social security,maintain the harmonious relationship between enterprises and workers,and promote social stability and development.