Do the cadres and employees who request resettlement after the bankruptcy of the enterprise have a r

It shall be implemented in accordance with the provisions of the Labor Contract Law. Severance shall be paid according to the actual length of service of the worker in the unit, including 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. If there is no 30-day written notice, another month's salary shall be paid.

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more personnel, or to lay off less than 20 personnel but accounting for more than 10 percent of the total number of workers searched for jobs in an enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, it may reduce the number of personnel after reporting the personnel reduction plan to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based. When reducing personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time;

2) Entering into an indefinite labor contract with the unit;

3) There are no other employed persons in the family, and there are elderly or minors who need to be supported. Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions. Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. 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.

1. To carry out enterprise bankruptcy, it is necessary to first resettle the employees of the enterprise. 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.

2. 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. In principle, the one-time settlement allowance shall be paid at three times the average salary income of the employees of the enterprise in the city where the bankrupt enterprise is located, and the specific payment standard shall be stipulated by the people of the relevant cities.

3. During the period of unemployment, the employees of the enterprises shall enjoy unemployment insurance benefits in accordance with the "Provisions on Unemployment Insurance for Employees of State-owned Enterprises". If the unemployment insurance expires and cannot be re-employed, and meets the conditions for social assistance, the local civil affairs department shall issue social assistance funds in accordance with regulations.

4. The retirement allowance and medical expenses of the retired employees of the bankrupt enterprise shall be managed by the local social pension and medical insurance institutions. If a bankrupt enterprise participates in the social pooling of endowment insurance and medical insurance, the retirement allowance and medical expenses of its retired employees shall be paid by the local social endowment and medical insurance institutions from the endowment insurance and medical insurance respectively. If the applicant does not participate in the social co-ordination of endowment insurance and medical insurance, or the social co-ordination of endowment insurance and medical insurance is insufficient, it shall be paid from the income from the transfer of land use rights of the enterprise; If the proceeds from the disposal of land use rights are insufficient to pay, the insufficient part shall be allocated from the proceeds from the disposal of other bankruptcy estates.

5. Employees of bankrupt enterprises who are disabled or suffer from serious occupational diseases due to work, or who have lost all or most of their ability to work, shall be placed as retired employees. Employees who are less than 5 years away from the retirement age may retire early upon their own application.

6. The arrangement of the employees under the labor contract system in the middle of the bankrupt enterprise shall be handled in accordance with the provisions of the "Interim Provisions on the Implementation of the Labor Contract System in State-owned Enterprises" and other laws and administrative regulations; The arrangement of temporary workers shall be handled in accordance with the Interim Provisions on the Administration of Temporary Workers in Enterprises Owned by the Whole People. If the resettlement expenses of the employees of the bankrupt enterprise are insufficient, the people of the city or municipal district or county where the bankrupt enterprise is located shall bear the burden according to the affiliation of the enterprise.

Legal analysis: The wages and medical treatment, disability allowance, bereavement expenses, basic endowment insurance, basic medical insurance premiums and compensation that should be paid in accordance with the law owed by the bankrupt enterprise can be distributed in the bankruptcy proceedings without the need to declare creditor's rights.

Legal basis: Enterprise Bankruptcy Law of the People's Republic of China

Article 48? The creditor shall declare the creditor's rights to the administrator within the time limit determined by the people's court

The wages owed by the debtor to the employees, the medical treatment, the disability allowance, and the bereavement expenses, the basic endowment insurance and basic medical insurance expenses that should be included in the employees' personal accounts, and the compensation that should be paid to the employees according to laws and administrative regulations, do not need to be declared, and the managers shall make a list and publicize them after investigation. If employees have objections to the list records, they may request that the manager make corrections; If the manager refuses to make corrections, the staff may file a lawsuit with the people's court.