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According to Articles 44 and 46 of the Labor Contract Law, if an employer is declared bankrupt in accordance with the law, the employer shall pay economic compensation to the employee.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year.
where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
Social security shall be temporarily sealed after the termination of the labor relationship and before the establishment of a new labor relationship, and shall continue to be paid when the conditions are ripe.
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What is the compensation standard for bankruptcy liquidation and termination of labor contract?
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Does the company still pay its employees if it goes bankrupt?
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First, the front. According to the relevant laws, if an enterprise closes down, the employee shall be given compensation for the termination of the contract in accordance with the regulations, and the economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
2. Analysis. If the employee can prove that the employer promised to pay the payment on a specific date after the dissolution or termination of the labor relationship, the date on which the employer undertakes to pay shall be the date on which the labor dispute arises. If the employee cannot prove it, the date of dissolution or termination of the labor relationship shall be the date on which the labor dispute occurs.
The compensation paid to workers for the collapse of an enterprise is linked to the length of service of the employee, and the higher the length of service, the more compensation will be paid.
3. How does the factory file for bankruptcy?
Factory Bankruptcy Filing Process:
1. Submit an application for rectification;
2. Propose a draft settlement agreement;
3. Discussion of settlement agreement;
4. Formulate a rectification plan;
5. Supervision of enterprise rectification;
6. The result of the adjudication and rectification.
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Legal analysis: According to the labor law, if the company goes bankrupt, the employee shall be compensated for the termination of the contract according to the regulations, and the standard is: one month's compensation (average monthly salary) for one year of work, and ten months' compensation if it has been done for ten years.
Legal basis: Labor Contract Law of the People's Republic of China
Article 44 The labor contract shall be terminated under any of the following circumstances: (4) The employer is declared bankrupt in accordance with law. "Bury.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (6) the contract is terminated in accordance with the provisions of Paragraph 4 of Article 44 of this Law. ”
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