How to compensate employees who have failed to go bankrupt?

Updated on society 2024-03-21
46 answers
  1. Anonymous users2024-02-07

    If the company goes bankrupt, the employee shall be given a compensation for termination 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 he has worked for ten years. According to the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, if the employee can prove that the employer promised to pay the payment on a specific date after the termination 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 on which the labor relationship is dissolved or terminated shall be the date on which the labor dispute arises. When a company goes bankrupt, the bankruptcy estate will first compensate the employees for their due income after giving priority to paying off the bankruptcy expenses and public welfare debts. The order in which the employee's earnings are paid:

    The wages and medical treatment, disability allowance and bereavement expenses of employees shall be included in the basic endowment insurance and medical insurance expenses of the employees' personal accounts, as well as the compensation that shall be paid to employees according to laws and administrative regulations. If the bankruptcy estate is insufficient to pay off the same order, it shall be distributed proportionately.

  2. Anonymous users2024-02-06

    1. Article 47 Economic compensation shall be paid to the laborer according to the number of years he has worked 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. 2. If the labor contract is not signed, you will have to bear double salary compensation, fail to pay social security, and pay all social security since the employee joins the company.

    3. Article 82 of the New Labor Contract Law If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

  3. Anonymous users2024-02-05

    A bankrupt enterprise shall give priority to the repayment of employees' claims with respect to its property. Including: employees' wages, medical treatment, disability subsidies and other expenses, basic pension insurance that should be transferred to the employee's personal account, medical insurance expenses, and compensation that should be paid to employees according to laws and administrative regulations.

    If the bankruptcy estate is insufficient to pay off all the claims in the same order, it shall be distributed proportionally. So, how to compensate employees during the probationary period when the company goes out of business? The following is a list of relevant content for you, I hope it will be helpful to you.

  4. Anonymous users2024-02-04

    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 those who have worked for one year

  5. Anonymous users2024-02-03

    Workers can receive the following compensation: compensation for termination of contract, one month's compensation for those who have worked for one year, and ten months' compensation for ten years

  6. Anonymous users2024-02-02

    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. 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.

  7. Anonymous users2024-02-01

    If you don't go out of business, the compensation you get as an employee is your current salary and what you get. Unemployment, low, insurance premiums and the like, are paid in full in your hands, and everyone can get basic food and clothing.

  8. Anonymous users2024-01-31

    When the company goes out of business, the compensation method for employees is to pay you by year, that is, how much money will be paid to you in a year, for example, if you pay 10,000 yuan a year, you will work for 20 years and 200,000 yuan

  9. Anonymous users2024-01-30

    The company went out of business. So according to the provisions of this labor law, the company has to compensate the employee 30 50% of this compensation.

  10. Anonymous users2024-01-29

    When the company goes bankrupt, the compensation to the employee is basically the kind of dismissal, and the compensation for the employee will be settled first, and then other debts will be settled.

  11. Anonymous users2024-01-28

    If the company closes down and the employees have unemployment insurance, they are generally compensated according to the business insurance.

  12. Anonymous users2024-01-27

    If the company goes out of business, the employee cannot compensate because he goes out of business, the company goes out of business, and the company can't come up with a part of the funds to compensate the employee.

  13. Anonymous users2024-01-26

    If the company goes out of business, it is unlikely that the employee will be compensated.

    First go to the local labor arbitration commission to complain, and then go to the court to file a lawsuit to request the company's property preservation, and you can sue directly.

  14. Anonymous users2024-01-25

    If the company goes out of business. It means that if you are unemployed, there is economic compensation according to national regulations, but the specific amount of compensation is determined according to the amount of your salary in the enterprise.

  15. Anonymous users2024-01-24

    Pay the wages of the employees for the number of days they work and announce the dismissal, everyone is well, find a good family, get together and disperse! The company is bankrupt and bankrupt, and it does not belong to malicious dismissal of employees, so there is no need for compensation.

  16. Anonymous users2024-01-23

    Employees should pay social security in full, make up all wages, and give a certain amount of economic compensation.

  17. Anonymous users2024-01-22

    How to compensate employees who have failed to go bankrupt? If the company does not operate well, it is in a situation of bankruptcy. Then the employee will be arranged to leave. It is estimated that appropriate financial compensation will be given based on the length of service.

  18. Anonymous users2024-01-21

    If the company goes bankrupt, there is a bankruptcy law, and it is enough to compensate the employee's salary according to the bankruptcy law.

  19. Anonymous users2024-01-20

    If the company goes out of business, if the employee is under contract, he should give you three times the salary, but the company has collapsed, and he should no longer be able to repay you this salary.

  20. Anonymous users2024-01-19

    How to compensate employees who have failed to go bankrupt? If the company goes bankrupt, then it will also file for bankruptcy, and according to the bankruptcy law, the employee will be compensated accordingly.

  21. Anonymous users2024-01-18

    It's up to the company.

    If you have strong financial resources and are more polite to employees, then the compensation plan is very good.

    Some of them may not even get paid or something.

  22. Anonymous users2024-01-17

    When a company goes bankrupt, the company needs to compensate the employee financially, according to the employee's length of service and salary.

  23. Anonymous users2024-01-16

    How to compensate employees who have failed to go bankrupt? Employees who leave the company will definitely be compensated, but the amount of compensation depends on the company's economic situation.

  24. Anonymous users2024-01-15

    How to compensate the employees who have gone bankrupt, when the company goes bankrupt, the employees will definitely ask the boss for compensation, and the boss should make all the preparations before the bankruptcy in advance and introduce compensation clauses.

  25. Anonymous users2024-01-14

    I'm happy to answer this question for you in the future, so if the company says that it goes bankrupt, this employee will get a compensation, this compensation is a lot, this money then I personally think that there is also an unemployment benefit,

  26. Anonymous users2024-01-13

    How to compensate employees who have failed to go bankrupt? After the company collapsed, the assets he sold were first to pay the employees' salaries, which was also required by law.

  27. Anonymous users2024-01-12

    He is an elder, how can the employee compensate? I think the company is going to go out of business soon. Well, you can pay your employees. After all, everyone is together, well, we have worked together. Even when it's time to leave, everyone has to be amiable, amazing.

  28. Anonymous users2024-01-11

    The company goes out of business, this is something that the boss can't resist, this employee's words, they must ask for another high, this can only pay the employee's salary normally, and other subsidies, the company does not have that strength.

  29. Anonymous users2024-01-10

    In fact, I think that he will make reasonable compensation according to the labor law and the contract you signed.

  30. Anonymous users2024-01-09

    If the company goes bankrupt, how can the employees compensate? The control is forced, and there may be no money to lose. There's no way, then you write a percentage of your salary, and pay for it.

  31. Anonymous users2024-01-08

    If the company declares bankruptcy, it shall give priority to the payment of economic compensation to employees within the bankruptcy estate.

    The severance payment is based on the average salary of the employee in the previous 12 months, and is paid to the employee according to the number of years the employee has worked in the unit and one month's salary for each full year.

    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.

  32. Anonymous users2024-01-07

    What compensation can employees get for the bankruptcy of the company?

  33. Anonymous users2024-01-06

    How to compensate employees who are dismissed from the company's bankruptcy? If the company terminates the labor contract illegally, the company shall bear the compensation, and the standard of compensation shall be twice the economic compensation.

  34. Anonymous users2024-01-05

    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.

    Employees who are bankrupt in 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. 3.

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

  35. Anonymous users2024-01-04

    If the employer is declared bankrupt in accordance with the law, the labor contract shall be terminated, but the employer shall still pay economic compensation. According to the number of years of service of the worker, one month's salary shall be paid for each full year (more than six months shall be counted as one year), and half a month's salary shall be paid for less than six months. However, there will be an upper limit, that is, it shall not exceed three times the average monthly salary of employees in the region in the previous year.

  36. Anonymous users2024-01-03

    Hello, according to the Labor Contract Law, the company is bankrupt and requires the payment of economic compensation to the employee in accordance with the law, the compensation standard: one month's salary for one year of work, and if the negotiation fails, you can complain to the labor inspection brigade or apply for labor arbitration. In addition, social security can be required to make up or compensate.

  37. Anonymous users2024-01-02

    For compensation based on the number of years, it is now generally more than one month's salary per year.

  38. Anonymous users2024-01-01

    Is the company bankrupt, and if so, in accordance with the relevant provisions of the Bankruptcy Law, the wages of the employees will be compensated first, and the wages can be recovered.

  39. Anonymous users2023-12-31

    The bankruptcy of the company shall be liquidated, and the creditor's rights, including the employees' creditor's rights, shall be repaid in accordance with the law. Among them, the economic compensation for the termination of the labor contract belongs to the priority repayment of the employee's creditor's rights in accordance with the law.

  40. Anonymous users2023-12-30

    See if the employee has insurance. If you don't want to, you can still compensate.

  41. Anonymous users2023-12-29

    Guangzhou lawyer Guan Dongping:

    One month's salary is compensated for one year

  42. Anonymous users2023-12-28

    **There are regulations, and there are 30,000 or 40,000 yuan in compensation with your usual salary.

  43. Anonymous users2023-12-27

    Property in bankruptcy liquidation.

  44. Anonymous users2023-12-26

    If the company terminates the labor contract in accordance with the law, it shall pay you economic compensation according to your actual length of service in the company (service time), one month's salary for each full year, half a month's salary for less than half a year, and one month's salary for less than half a year, and one month's salary for less than half a year and less than one year. The severance payment is calculated based on the average monthly pre-tax income for the 12 months prior to the termination of the labor contract, including basic salary, bonus, allowance and overtime pay.

    If the company illegally terminates the labor contract, it shall pay you compensation according to your actual length of service with the company (service time), including two months' wages for each full year, one month's salary for less than half a year, and two months' wages for less than half a year.

    If the company terminates the labor contract in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law, it shall notify you in writing 30 days in advance, and if it does not do so 30 days in advance, it shall pay an additional month's salary as a payment in lieu of payment.

  45. Anonymous users2023-12-25

    In general, severance should be paid to the employee when a company goes bankrupt. The standard for calculating severance shall be determined on the basis of the number of years of service and the calculation base.

    In general, the number of years of service shall be paid to the employee according to the standard of one month for each full year. If it is more than six months but less than one year, it will be counted as one year, and if it is less than six months, half a month's salary will be paid to the employee.

    For the sake of understanding, for example, if a worker has worked for three years and four months, then the number of years of service corresponding to the economic compensation should be three and a half months' salary. If the worker has worked for three years and seven months, he or she shall be compensated for four months' wages.

  46. Anonymous users2023-12-24

    According to the Enterprise Bankruptcy Law, workers can receive the following compensation:

    1. The wages and medical treatment, disability allowance and bereavement expenses owed by the company to the workers. Wages shall generally include hourly wages, piecework wages, funds, allowances and subsidies, but non-labor remuneration income and labor protection expenses do not belong to the scope of wages. In the case of senior executives of the company, the salary is calculated according to the average salary of the employees of the enterprise.

    Medical and disability allowance refers to the social security benefits that employees should enjoy according to the medical security system during their employment or the subsidies they should receive due to work-related accidents during their work. The bereavement pension is the pension that the employee's family members should enjoy after work.

    2. If the company owes workers the basic pension and medical insurance expenses that should be included in your personal account, if the company's asset-liability ratio is high, you can also get other parts that should be included in the social pooled account, but from the perspective of bankruptcy practice, the expenses assigned to the social pooled account are generally not available (because the social pooled insurance is second in the repayment order of the bankruptcy law).

    3. Compensation that shall be paid to workers according to laws and administrative regulations. Specifically, it includes: compensation to be paid for the termination of the labor contract; compensation for deducting or delaying the payment of wages; Compensation payable due to the termination of the labor contract; Other compensation that shall be paid as provided by laws and regulations.

    The above-mentioned compensation shall be limited to the extent provided for in laws and administrative regulations, and the compensation paid to workers as stipulated in local regulations and rules shall not enjoy the priority right to be compensated.

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