What are the provisions for employee arrangements after the bankruptcy of an enterprise?

In the course of actual operation, there are a myriad of issues concerning the calculation of the wages due to the employees of the bankrupt enterprise, the wage standard, the length of service, the laid-off and waiting for work, and whether the labor relationship exists.

The plant was a collective-owned enterprise and was declared bankrupt in January 2002. In the process of applying for bankruptcy of the factory, we have placed more than 1,400 in-service, retired and retired personnel, and the placement programs of various types of employees have a certain typicality and representativeness.

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The authors of these textbooks are professors with extensive teaching experience in the law schools of German universities, and most of them are also judges of German law.

Thanks to the combination of legal theory and judicial practice, teachers and students in China can also understand the true face of German law in a relatively short period of time through these textbooks.

This depends on whether the state-owned enterprise is a private enterprise or a private enterprise, and if the state-owned enterprise goes bankrupt, the employees will probably arrange a job. But no one cares about the bankruptcy of a private company, unless you have a formal contract, or you have clearly stated in the contract what will happen to the company after the bankruptcy when you work.

Enterprises that fail and go bankrupt have bankruptcy laws, one is to have clear provisions on the wages owed by the enterprise to employees, and the other is to make arrangements for the stay of employees after the bankruptcy of the enterprise. According to the existing policy, after the bankruptcy of an ordinary enterprise, in addition to a certain amount of compensation according to the financial resources of the enterprise, most of the incumbent workers will first be handed over to the unemployment insurance office for management. The third is that employees start their own businesses after the enterprise is compensated.

According to Article 132 of the Enterprise Bankruptcy Law and the provisions of the Labor Regulations, these arrangements are in place: wages and medical treatment, disability allowance and bereavement expenses for long-term employees; Employee compensation stipulated in basic pension insurance, basic medical insurance and local administrative regulations for long-term employees; and other related reasonable and legal expenses.

In the case of bankruptcy, an enterprise shall pay severance to the worker in accordance with the provisions of the Labor Contract Law, and the 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. 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. At the same time, the labor relationship between the employee and the enterprise is terminated.

In 2018, the resettlement of employees in enterprise bankruptcy reorganization is in accordance with the provisions of the "Bankruptcy Law", the state through various channels to properly resettle the employees of bankrupt enterprises for re-employment, and ensure their basic living needs before re-employment, all relevant people should take various effective measures in the implementation of enterprise bankruptcy, first properly resettle the employees of bankrupt enterprises, and maintain social stability.

Due to the bankruptcy of the enterprise, the labor contract cannot be performed, and the damage caused to the employee is caused by the enterprise, according to the principle of "damages", it is the duty to bear the payment of economic compensation, and it is natural for the employee to receive a certain amount of economic compensation.

In accordance with the current legal provisions, if an enterprise is declared bankrupt in accordance with the law, the labor contract between it and its employees shall be terminated, and economic compensation shall be paid to the employees. According to the length of service of the employee, one month's salary is paid for each full year, between six months and one year, and half a month's salary is paid for less than six months. The monthly wage here is based on the average salary for the twelve months prior to the termination of the contract.

In addition to the arrears of wages, the compensation to be paid by the company also includes the wages of the employees, medical treatment, disability allowance and bereavement expenses, the basic endowment insurance and medical insurance expenses that should 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.

When a state-owned enterprise goes bankrupt, some workers apply for self-employment and no longer retain their status as employees of the state-owned enterprise.

There are a lot of arrangements for employees, but unfortunately in addition to receiving unemployment benefits for two years. The rest are all gone.

The law clearly stipulates that the first employee of the bankruptcy of the enterprise must be held responsible.

Summary. It stipulates that the policy for the resettlement of bankrupt employees of state-owned enterprises is as follows: The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person, the basic pension insurance and basic medical insurance expenses that should be transferred to the personal accounts of the employees should be paid off, and the compensation that should be paid to the employees according to laws and administrative regulations shall be paid off on a priority basis.

It stipulates that the policy for the resettlement of bankrupt employees of state-owned enterprises is as follows: the wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person, the basic endowment insurance and the medical insurance expenses owed to the employees shall be transferred to the personal accounts of the employees, and the compensation that shall be paid to the employees according to the laws and administrative laws shall be paid off on a priority basis.

Whether the enterprise has bankruptcy or bankruptcy and let employees support the policy.

Please reply. In the past, there was an early buyout of seniority, but now there should be none.

Since 2016, there has been no talk of retreating.

How to deal with the broken employee of the enterprise: Under normal circumstances, when the company terminates the labor contract with the employee, the employee can claim economic compensation. According to the number of years of service in the enterprise, employees can be required to receive 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, it can be requested to receive half a month's salary.

Labor 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 that the worker has worked in the unit 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 the employee does not spend six months in the year, he shall be paid half a month's salary to the laborer. 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: after the bankruptcy of the enterprise, it is necessary to settle the employees, according to the relevant provisions of the law, once the company declares bankruptcy, the employee's labor contract will be terminated accordingly, because the contract is terminated, and it is the reason of the company, so the company is required to make monetary compensation to the employee, the general standard is calculated according to how long the employee has signed the labor contract with the company and the working age in the company. If the company goes bankrupt, the employee can go to the designated social insurance agency to register as unemployed with the certificate of termination or dissolution of the labor relationship issued by the unemployed.

The unemployment allowance is lower than the local minimum wage standard and higher than the minimum living security standard for urban residents, and is determined by the people of the province, autonomous region, or municipality directly under the Central Government. Even if the company goes bankrupt, it is still necessary to pay and compensate employees, and employees' wages are the priority repayment items of bankruptcy liquidation.

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;

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

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

After the bankruptcy of the enterprise, it is necessary to settle the employees, in accordance with the relevant provisions of the law, once the company declares bankruptcy, the employee's labor contract will be terminated accordingly, because the contract is terminated, and it is the reason of the company, so the company is required to make monetary compensation to the employee, the general standard is calculated according to how long the employee has signed the labor contract with the company and the working age in the company, and the total amount is calculated based on the average monthly salary.

1. What are the procedures for the bankruptcy liquidation of the company?

1. Establish a liquidation group.

The people's court shall, within 15 days from the date of declaring the enterprise bankrupt, establish a liquidation group to take over the bankrupt enterprise, and the liquidation group shall be composed of shareholders, relevant authorities and professionals;

2. The liquidation group takes over the bankrupt company.

After the people's court declares the enterprise bankrupt, the bankrupt enterprise shall be taken over by the liquidation group, which shall be responsible for the management, liquidation, valuation, disposal and distribution of the bankrupt enterprise's property and participate in civil activities on behalf of the bankrupt enterprise, and shall be responsible for and report to the people's court for its actions;

3. Distribution of bankruptcy property.

For the distribution of bankruptcy property, the liquidation group shall propose a distribution plan, discuss and approve it at the creditors' meeting, and report to the people's court for approval by the liquidation group for specific implementation;

Before the liquidation group distributes the bankruptcy estate, it shall first allocate the liquidation expenses, including:

1) Expenses required for the administration, sale and distribution of the bankruptcy estate;

2) Litigation costs for bankruptcy cases;

and 3) other expenses paid in bankruptcy proceedings for the common benefit of creditors.

The bankruptcy estate shall be liquidated in the following order after the preferential payment of liquidation costs:

1) Wages and labor insurance premiums owed by the bankrupt enterprise;

2) tax arrears of bankrupt enterprises;

3) Bankruptcy claims.

4. Liquidation is terminated.

After the liquidation and distribution of the bankruptcy property is completed, the liquidation group shall report to the people's court on the liquidation and distribution work, and apply to the people's court to rule that the bankruptcy is terminated, and the unpaid creditor's rights shall not be repaid;

5. Cancellation of registration.

If the enterprise goes bankrupt and the distribution of the bankruptcy property is completed, and the enterprise legal person terminates its civil capacity in accordance with the law, the liquidation group shall apply to the original registration authority of the bankrupt company for cancellation of the original company registration.

2. How long does it take for an enterprise to go into bankruptcy liquidation?

There is no specific time for the bankruptcy liquidation of the company, which is related to many factors such as the size of the company, external claims and debts. The bankruptcy liquidation shall establish a liquidation team within 15 days and start the liquidation; The liquidation group notifies creditors or publishes an announcement in a newspaper; The liquidation group formulates a liquidation plan; If it is found that the company's assets are insufficient to pay off its debts, it shall apply to the people's court for a declaration of bankruptcy in accordance with the law; After the liquidation of the company is completed, the liquidation group shall prepare a liquidation report.