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Anonymous users2024-02-06After the bankruptcy of the enterprise, what should the employees of the enterprise go and what rights and interests can they obtain? First of all, Article 46 (4) of the Labor Contract Law of the People's Republic of China stipulates that if an employer declares bankruptcy in accordance with the law, it shall pay economic compensation to the employee. Secondly, according to Article 47 of the Labor Contract Law of the People's Republic of China, severance 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. 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 employee shall be paid half a month's salary as economic compensation, but the maximum period for which the economic compensation shall be paid shall not exceed 12 years, and the wage standard referred to in this Law shall be the average salary of the employee in the 12 months prior to the termination or termination of the labor contract.
Finally, even if an enterprise goes bankrupt, it should pay the wages owed to the employees, medical treatment, disability allowances, and bereavement expenses, and the basic endowment insurance and basic medical insurance expenses owed to the employees' personal accounts. Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China [Calculation of Economic Compensation] Economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit.
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. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.
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Anonymous users2024-02-05If an enterprise goes bankrupt, of course, it is necessary to solve the problem of employee placement. However, the company has already gone bankrupt due to financial problems, and in fact, it is not possible to come up with much money to resettle employees, and it would be good if there were no arrears of wages.
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Anonymous users2024-02-04The compensation for employees in the liquidation and bankruptcy of the enterprise is as follows:
1. After the company goes bankrupt and enters the bankruptcy liquidation procedure, the wages of employees will be paid first;
2. If the company goes bankrupt, the employee shall be given compensation for the termination of the contract according to the regulations, and one month's salary shall be paid for one year, and more than 6 months shall be calculated according to one month's salary for less than one year, and half a month's salary shall be calculated for less than 6 months, and if the bankruptcy property is insufficient to pay off in the same order, it shall be distributed proportionally.
Procedures for bankruptcy liquidation of enterprises:
1. Notify and announce creditors. Notify creditors and make an announcement within 10 days after the establishment of the liquidation group;
2. Declare creditor's rights. The creditor shall declare the creditor's rights within 30 days from the date of establishment of the liquidation group, and if it does not receive the notice, within 45 days from the date of the announcement of the liquidation group. During the declaration of creditor's rights, the liquidation group shall not pay off debts to individual creditors;
3. Prepare balance sheet and property list. If the liquidation group finds that the company's assets are insufficient to pay off all debts after preparing the balance sheet and property list respectively, it shall transfer the liquidation affairs to the people's court and apply to the people's court to declare bankruptcy in accordance with the law;
4. Publish an announcement.
To sum up, if the company goes bankrupt, the employee needs to face the fact that the labor contract has been terminated early and strive to re-employ, but can receive wages and economic compensation.
Legal basis]:
Article 48 of the Enterprise Bankruptcy Law of the People's Republic of China.
The creditor shall declare the creditor's rights to the administrator within the time limit for the declaration of creditor's rights determined by the People's Court. The wages, medical treatment, disability allowance and bereavement expenses owed by the debtor to the employees, the basic endowment insurance and basic medical insurance expenses that should be transferred to the employees' personal accounts, and the compensation that should be paid to the employees according to the laws and administrative regulations do not need to be declared. If employees have objections to the list records, they may request that the manager make corrections; If the manager refuses to make corrections, the employee may file a lawsuit in the people's court.
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Anonymous users2024-02-03Legal Analysis: If the enterprise goes bankrupt, the employee can claim financial compensation. According to the number of years of work of the employee in the enterprise, for each full year, he can request to receive one month's salary for economic compensation; 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, it can be requested to receive half a month's salary.
Legal basis: Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China The bankruptcy estate shall be repaid in the following order after giving priority to the repayment of bankruptcy expenses and common debts:
1) The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal accounts of the employees, and the compensation that shall be paid to the employees according to laws and administrative regulations;
2) the social insurance premiums owed by the bankrupt person other than those provided for in the preceding paragraph and the taxes owed by the bankrupt person;
3) Ordinary bankruptcy creditor's rights.
If the bankruptcy estate is insufficient to pay off the repayment claims in the same order, the branches shall be distributed proportionally. Spring fiber.
The salaries of directors, supervisors and senior managers of a bankrupt enterprise shall be calculated on the basis of the average wages of the employees of the enterprise.
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Anonymous users2024-02-02When the company goes bankrupt, if the company has not paid wages and benefits, the employee does not need to take the initiative to declare his company's creditor's rights, because the company's bankruptcy administrator will make a statement of creditor's rights and publicize it in accordance with the statutory procedures. At this time, the employee only needs to carefully check the company's creditor's statement, and if there is any objection to the creditor's statement made by the administrator, he can directly raise an objection to the administrator. If the administrator refuses to make the change, the employee can directly file a lawsuit with the court that accepts the company's bankruptcy proceedings, and there is no need to go through the pre-arbitration procedure for labor disputes.
According to the provisions of the Enterprise Bankruptcy Law and the Company Law, when the company is declared bankrupt and liquidated in accordance with the law, the employees' wages and benefits claims are in the priority of the distribution of property in the bankruptcy proceedings. After deducting the relevant bankruptcy expenses and common debts of bankruptcy, the remaining company property will first pay off the legal claims of employees against the company in accordance with the law. Employees do not need to take the initiative to declare their claims, and the bankruptcy administrator will also prepare a statement of claims and make a public announcement.
If an employee has any objection to the creditor's rights table prepared by the bankruptcy administrator, the employee may protect his or her rights and interests through negotiation or litigation.
Company Law of the People's Republic of China
Article 186: [Liquidation Procedures] After liquidating the company's assets and compiling the balance sheet and property list, the liquidation team shall formulate a liquidation plan and report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation.
The company's property is distributed according to the proportion of shareholders' capital contributions, and the shares are distributed according to the proportion of shares held by shareholders.
During the liquidation period, the company shall continue to exist, but shall not carry out business activities unrelated to the liquidation. The company's property shall not be distributed to shareholders until it is repaid in accordance with the provisions of the preceding paragraph.
Article 187 [Application for Bankruptcy] If the liquidation team discovers that the company's assets are insufficient to pay off its debts after cleaning up the company's property and compiling the balance sheet and property list, it shall apply to the people's court for a declaration of bankruptcy in accordance with law.
After the company is declared bankrupt by the ruling of the people's court, the liquidation group shall transfer the liquidation affairs to the people's court.
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