The company has filed for bankruptcy and the employee wants to receive financial compensation, what

According to Article 44 of the Labor Contract Law of the People's Republic of China, a labor contract shall be terminated under any of the following circumstances: (4) the employer is declared bankrupt in accordance with the law; Article 46 provides:

Under any of the following circumstances, the employer shall pay economic compensation to the employee: (6) the labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; Article 47 stipulates that economic compensation shall be paid to the worker according to the number of years he has worked in the unit 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 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.

According to the above legal provisions, 1. If the enterprise goes bankrupt, you can get economic compensation; 2. The amount of severance is based on the number of years you have worked in this unit, if you have only worked in this company for less than one year, you can get one month's salary for each full year. Risk Warning: Go to the labor arbitration commission to initiate arbitration as soon as possible to fight for your rights and interests.

The above suggestions are for your reference.

How do I compensate my employees for bankruptcy?

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.

When the company is going out of business, the employee can get financial compensation. Severance is a one-time economic subsidy paid by the employer to the employee in accordance with the law after the termination or termination of the labor contract. When the employer terminates the labor contract with the employee, it shall pay a certain amount of severance in a lump sum according to a certain standard.

Gao Wuhegong, a bankrupt of the company, can receive the following compensation:1The wages owed by the company to the workers, medical treatment, disability allowance and bereavement expenses.

2.If the company owes the employee, it shall be transferred to the employee's personal account for the basic pension and medical insurance expenses. Qi Pai 3

Compensation to be paid to workers as prescribed by laws and administrative regulations.

Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Legal Analysis: When a company goes bankrupt, it must provide appropriate financial compensation to employees in accordance with the law. If the employee's monthly salary is three times higher than the average monthly salary of the employee in the previous year announced by the local municipal people** of the unit, the standard of economic compensation shall be paid to him according to the amount of three times the average monthly salary of the employee, and the maximum time for paying economic compensation to him shall not exceed 12 years.

Legal basis: Article 8 of the Enterprise Bankruptcy Law of the People's Republic of China Article 8 The bankruptcy application and relevant evidence shall be submitted to the people's court. The bankruptcy application shall contain the following matters:

1) The basic information of the applicant and the respondent;

2) the purpose of the application;

3) the facts and reasons for the application; Style.

4) Other matters that the people's court finds should be indicated. Hall Rent Cavity.

If the debtor submits an application, it shall also submit to the people's court an explanation of the property status, a list of debts, a list of debts and rights, relevant financial and accounting reports, a plan for the resettlement of employees, and the payment of employees' wages and social insurance premiums.