What should I do if a subsidiary of a state owned enterprise closes down?

Financial compensation should be paid.

If the employer's business license is revoked, it is ordered to close down, it is revoked, or the employer decides to dissolve it ahead of schedule, the labor contract shall be terminated. According to Article 46, Paragraph 6 of the Labor Contract Law, the employer shall pay economic compensation to the employee.

Severance 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.

Labor Contract Law

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

According to Article 47 of the Labor Contract Law, economic compensation shall be paid to the employee 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. If the enterprise goes bankrupt, the labor contract shall be terminated, and economic compensation shall be paid to the employee in accordance with the above provisions, but it shall be implemented from 2008, and the previous ones shall not be counted. You can only be given financial compensation based on 1 month's salary.

In addition, according to the Bankruptcy Law, employee wages and social insurance are paid in priority from the bankruptcy estate.

If there is a suitable vacancy in the head office, it may be assigned to the head office, or other subsidiaries, if you are not willing to go, then the company will give you corresponding compensation.

First, the front. If a subsidiary of a state-owned enterprise closes down and the labor contract cannot be continued to be performed, the regular employee shall be given economic compensation, and the employee shall be paid one month's salary for each full year of service in the employer. If it is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, the worker shall be paid half a month's salary as economic compensation.

2. Detailed analysis.

If a part of the employee of a subsidiary of a state-owned enterprise has closed down and applied for self-employment, he or she will no longer retain the status of an employee of a state-owned enterprise, and a one-time settlement allowance will be paid to this person, and he or she can no longer enjoy unemployment insurance benefits; The people of the city or municipal district or county where the bankrupt enterprise is located shall adopt various measures such as job transfer training, employment introduction, production self-help, and labor export, to properly arrange for the employees of the bankrupt enterprise to re-employ, and to ensure their basic living needs before re-employment. Encourage employees of bankrupt enterprises to seek self-employment: For those who are self-employed, a one-time settlement fee can be issued according to the actual local situation, and the status of employees of state-owned enterprises will no longer be retained.

3. What should be done with employee social security if the company goes out of business?

After the bankruptcy of the unit, the social security of the company's employees can be paid according to the status of flexible employees.

1. The payment of flexible employment shall be applied for by the person at his or her choice, or approved by the bankruptcy liquidation group through the workers' congress at the end of the bankruptcy liquidation, before the payment can be made according to the flexible employment as a whole;

2. Due to the large number of bankrupt unemployed people in the county's state-owned enterprises, the accumulation of unemployment funds, and financial difficulties, all unemployed persons cannot enjoy unemployment benefits in a timely manner. If you have not received unemployment benefits, you will no longer be able to enjoy unemployment benefits after you are re-employed;

3. Flexible employees shall pay the premiums in a timely manner, and no supplementary payment is allowed for cross-year arrears.

[Legal Analysis]: One. Compensation for employee placement:

Two resettlement methods are adopted for employees under the ownership of the whole people who participated in the work before the implementation of the labor contract system, namely, the method of paying economic compensation or a one-time settlement payment, and the employees may choose any one method to terminate the labor relationship with the enterprise. The severance is arranged according to the amount of one month's salary for each full year of service. The one-time settlement allowance shall be calculated and paid per capita at three times the average salary of local employees in the previous year.

For contract employees who have joined the work after the implementation of the labor contract system, the standard of severance shall be paid one month of severance for the average monthly salary of the employee in the previous year before the bankruptcy of the enterprise for each full year of service, and the labor relationship shall be terminated.

Two. Five-year early retirement and resettlement measures: Employees of state-owned bankrupt enterprises under the ownership of the whole people and under the labor contract system shall be subject to the retirement policy of five years in advance, that is, 55 years old for men, 50 years old for female cadres, and 45 years old for female workers.

Among them, employees who are engaged in underground, high temperature, high-altitude, particularly heavy physical labor and other special types of work that are harmful to their health can be advanced by another five years, that is, the retirement policy of 50 years old for men and 40 years old for women.

The basic pension of early retirees shall be calculated and paid according to the relevant provisions of the province, municipality and autonomous region where the enterprise is located, and the pension payment standard shall be appropriately deducted according to the regulations, and the basic pension shall not be recalculated after the early retirees reach the statutory retirement age, but they can participate in the adjustment of retirement benefits in the future.

Three. Measures for the Resettlement of Laid-off Workers: For laid-off workers who have entered the employment service center of the enterprise before the bankruptcy of the enterprise, a one-time resettlement shall be carried out in accordance with the resettlement policy for various types of employees of the bankrupt enterprise.

Laid-off personnel who have not entered the enterprise reemployment service center before bankruptcy shall also be resettled at one time in accordance with the policy of resettlement of all types of employees of the closed and bankrupt enterprise.

Four. Employee pension insurance relationship: Employees who have terminated their labor relations with bankrupt enterprises and are recruited by other units shall be renewed and paid by the new employer and individual in accordance with the current regulations.

For employees who are self-employed or have not been re-employed after terminating their labor relations, the pension insurance relationship is still retained. The employee himself shall participate in the insurance and pay the premiums according to the status of urban individual industrial and commercial households or flexible employment personnel, and the pension insurance payment period and deemed payment period can be calculated together.

Five. Management of retirees: Retirees from state-owned bankrupt enterprises shall be handed over to the local government for unified management according to regulations, that is, special agencies shall be responsible for the management of special social security funds and the socialized distribution of pensions, and gradually transition to local community management.

Legal basis: Law of the People's Republic of China on Labor Dispute Mediation and Arbitration

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

[Legal Analysis].There are many companies in the country that can file for bankruptcy, and if you want to file for bankruptcy, you can generally apply for bankruptcy only if you are insolvent. Under normal circumstances, state-owned enterprises can go bankrupt, if the state-owned enterprises have become insolvent and have been losing money, it is best to apply for bankruptcy at this time, generally the state-owned enterprise property rights department to apply for bankruptcy against it.

State-owned enterprises will go out of business if they are not doing well. State-owned assets supervision and administration institutions in accordance with the relevant provisions of the State to organize and coordinate the merger and bankruptcy of wholly state-owned enterprises and wholly state-owned companies in the invested enterprises, and cooperate with relevant departments to do a good job in the resettlement of laid-off workers of enterprises.

[Legal basis].21st of the Interim Regulations on the Supervision and Administration of State-owned Assets of Enterprises State-owned assets supervision and administration institutions shall decide in accordance with legal procedures the division, merger, bankruptcy, dissolution, increase or decrease of capital, issuance of corporate bonds and other major matters in the wholly state-owned enterprises and wholly state-owned companies in the enterprises it invests. Among them, important wholly state-owned enterprises and wholly state-owned companies are separated, merged, bankrupt and dissolved, which shall be reviewed by the State-owned assets supervision and administration institutions and reported to the people at the same level for approval.

State-owned assets supervision and administration institutions in accordance with legal procedures to review and decide on the field of national defense science and technology industry in the field of wholly state-owned enterprises, wholly state-owned companies in the relevant major matters, in accordance with the relevant laws and regulations of the State.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

Legal analysis: Some employees apply for self-employment and no longer retain the status of employees of state-owned enterprises, and a one-time settlement fee will be issued to this person, and they can no longer enjoy unemployment insurance benefits; The people of the city or municipal district or county where the bankrupt enterprise is located shall adopt various measures such as job transfer training, employment introduction, production self-help, and labor export, to properly arrange for the employees of the bankrupt enterprise to re-employ, and to carefully bring and ensure their basic living needs before they are re-employed. **Encourage self-employment for employees of bankrupt enterprises:

For those who are self-employed, a one-time settlement fee can be issued according to the actual local situation, and the status of employees of state-owned enterprises will no longer be retained.

Legal basis: Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China The bankruptcy estate shall, after giving priority to the repayment of bankruptcy expenses and common debts, be repaid in the following order: (1) the wages, medical treatment, disability allowance and bereavement expenses owed by the bankrupt person, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal account of the employee, and the compensation that shall be paid to the employee 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 the directors, supervisors and senior management of a bankrupt enterprise shall be calculated according to the average wages of the employees of the enterprise.