How long does it take for an employee to get compensation and wages after a company files for bankru

After the bankruptcy of the company, the severance payment for employees is generally paid in the next month after the completion of the formalities.

Legal analysisHow to carry out the bankruptcy liquidation of the company: (1) Bankruptcy declaration, the bankruptcy declaration shall be delivered to the debtor and administrator within five days from the date of the people's court's ruling, and the known creditors shall be notified and announced within ten days from the date of the ruling. (2) The bankruptcy estate conversion plan, which shall be formulated by the administrator and submitted to the creditors' meeting for discussion and approval.

3) Liquidation, the administrator shall liquidate the bankruptcy property through auction in accordance with the bankruptcy property conversion plan approved by the creditors' conference or ruled by the people's court. Unless otherwise resolved by the creditors' conference. (4) Liquidation, the bankruptcy estate shall be repaid in the following order, and if the bankruptcy estate is insufficient to pay off the repayment claims in the same order, it shall be distributed proportionally.

bankruptcy costs and common benefit debts; The wages and medical treatment, disability allowance and bereavement pension 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. 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; 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; Ordinary bankruptcy claims. (5) Termination, the company has no property available for distribution or after the final distribution is completed, the administrator shall request the people's court to rule on the termination of the bankruptcy proceedings.

Where the people's court rules to terminate the bankruptcy proceedings, it shall make a public announcement. Within 10 days from the date of the conclusion of the bankruptcy proceedings, the administrator shall apply for cancellation of registration with the original registration authority of the bankrupt person with the ruling of the people's court to terminate the bankruptcy proceedings.

Legal basisLabor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer 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. 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.

Legal analysis: Once an employee finds out that the company has filed for bankruptcy, they can prepare relevant evidence to claim compensation, and most employees can get their due property. 1. If an enterprise applies for bankruptcy, it does not affect the calculation of the employee's economic compensation and compensation in accordance with the law.

2. After the enterprise applies for bankruptcy, the court needs to file and accept the case and appoint an administrator to liquidate the assets and debts of the enterprise. 3. In the process of liquidation, the wages, bonuses, subsidies, subsidies, economic compensation, compensation, etc. that the enterprise should pay to its employees can be regarded as independent claims, and in the distribution of bankruptcy estate, they will be given priority over ordinary claims and tax claims.

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 the deferred common debts: (1) the wages and medical treatment, disability subsidies and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be included in 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 other than those provided for in the preceding paragraph and the taxes owed by the bankrupt; (3) Ordinary bankruptcy creditor's rights.

If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately. 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;