Before the bankruptcy of the enterprise, it does not owe wages to employees, and the salaries of exe

After the enterprise is declared bankrupt by the court, the bankrupt enterprise shall be fully taken over by the administrator appointed by the people's court who declared the enterprise bankrupt. The wages and compensation owed to employees before the bankruptcy of the enterprise shall be listed as the first order of repayment. However, the wages owed to the senior executives of the enterprise before bankruptcy shall be paid in accordance with the relevant provisions of Article 113 of the Bankruptcy Law.

If the employer refuses to pay the employee's wages, the employee can apply for labor arbitration to demand the employer to pay the arrears of wages.

How to Apply for Labor Arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 18 of the Interim Provisions on the Payment of Wages shall be the right of labor administrative departments at all levels to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages for extended working hours;

3) Paying wages to workers at a rate lower than the local minimum wage.

The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State.

In the bankruptcy of an enterprise, it is necessary to repay state taxes, workers' wages and insurance, and secondly, to repay bank interest. If the company goes bankrupt, the executive may not get the full salary, but the basic salary should be available.

A certain percentage of wages will be paid according to the minimum subsistence guarantee.

Legal analysis: The salary of enterprise executives is formulated by the employer according to the production and operation characteristics of the unit and the economic benefits of Hezao Oak in accordance with the law. The wage standard set by the company shall not be lower than the local minimum wage standard, otherwise the standard will not comply with the labor security laws and regulations.

Legal basis: Labor Law of the People's Republic of China

Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with law.

Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

1) The minimum living expenses of the worker himself and the average dependent population;

2) the average level of social wages;

3) labor productivity;

4) The situation of employment;

5) Differences in the level of economic development between regions.

Summary. According to the relevant provisions of China's "Enterprise Bankruptcy Law", after the bankruptcy of an enterprise, employees do not need to declare salary claims, and wait for the administrator to make a list and publicize it after investigation. The bankruptcy estate after the payment of bankruptcy expenses and common debts.

Article 48 of the Enterprise Bankruptcy Law of the People's Republic of China provides that a creditor shall declare its creditor's rights to the administrator within the time limit for declaring creditor's rights determined by the people's court. The wages and medical treatment, disability allowance and bereavement expenses owed by the debtor to the employees shall be transferred to the basic pension insurance and basic medical insurance expenses that shall be transferred to the employees' personal accounts, as well as the basic pension insurance and basic medical insurance expenses that shall be paid according to laws and administrative regulations. Article 113 The bankruptcy estate shall be repaid in the following order after giving priority to the repayment of bankruptcy expenses and common debts.

How to deal with the arrears of salaries and bankruptcy of senior executives during the normal operation of the enterprise.

According to the relevant provisions of China's "Enterprise Bankruptcy Law", after the bankruptcy of an enterprise, employees do not need to declare salary claims, and wait for the administrator to make a list and publicize it after investigation. The bankruptcy estate pays bankruptcy expenses and common debts. Article 48 of the Enterprise Bankruptcy Law of the People's Republic of China provides that a creditor shall declare its creditor's rights to the administrator within the time limit for declaring creditor's rights determined by the people's court.

The wages, medical treatment, disability allowance and bereavement expenses owed by the debtor to the employees, and the basic endowment insurance and basic medical insurance expenses that shall be transferred to the employees' personal accounts shall be paid in accordance with the provisions of laws and administrative regulations. Article 113 The bankruptcy estate shall be repaid in the following order after the bankruptcy expenses and common debts have been paid off in priority.

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The company is bankrupt, but the boss has personal assets and has to pay wages. Bankruptcy is not decided by the boss, but can only be declared bankrupt after the court decides, and before the court declares bankruptcy, its assets are also used to pay off debts, and employees' salaries are paid off first.

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

1. 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 deems 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.

Article 113 The bankruptcy estate shall be repaid in the following order after giving priority to the repayment of bankruptcy expenses and common debts.

1. The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic 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;

2. The social insurance premiums owed by the bankrupt person other than those specified in the preceding paragraph and the taxes owed by the bankrupt person;

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.