Placement of employees of bankrupt enterprises 100

Document No. 33 of 2000 of the National Leading Group for the Merger and Bankruptcy of Enterprises and the Reemployment of Employees stipulates that for those who retire early due to the closure and bankruptcy of enterprises and retirees who are disabled due to illness or non-work-related reasons, the basic pension (excluding personal account pension) shall be reduced by 2% for each year of early retirement. The formula for calculating and issuing is:

Basic pension = (basic pension + transitional pension + adjustment fund and various subsidies) (1 - 2% of the number of years of early retirement) + personal account pension.

After the early retirement employees go through the retirement procedures, they can enjoy the adjustment of the basic pension of retirees according to the regulations, but after reaching the normal retirement age stipulated by the state (60 years old for men, 55 years old for female cadres, and 50 years old for female workers), the basic pension will not be recalculated. For those who retire 10 years early due to special types of work, the basic pension will not be deducted within the number of years of early retirement (up to 5 years) according to the special type of work.

Document No. 33 of 2000 of the National Leading Group for the Merger and Bankruptcy of Enterprises and the Reemployment of Employees stipulates that for those who retire early due to the closure and bankruptcy of enterprises and retirees who are disabled due to illness or non-work-related reasons, the basic pension (excluding personal account pension) shall be reduced by 2% for each year of early retirement. The formula for calculating and issuing is:

Basic pension = (basic pension + transitional pension + adjustment fund and various subsidies) (1 - 2% of the number of years of early retirement) + personal account pension.

After the early retirement employees go through the retirement procedures, they can enjoy the adjustment of the basic pension of retirees according to the regulations, but after reaching the normal retirement age stipulated by the state (60 years old for men, 55 years old for female cadres, and 50 years old for female workers), the basic pension will not be recalculated. For those who retire 10 years early due to special types of work, the basic pension will not be deducted within the number of years of early retirement (up to 5 years) according to the special type of work.

Go directly to the court, apply for payment first, and then sue, if the unit leader must provide proof according to his statement, he will provide evidence, and if he can't provide evidence, he will bear the risk of losing the case.

On the issue of the standard of resettlement fees for employees of bankrupt enterprises, one of the earliest documents is the Notice on Issues Concerning the Trial Implementation of the Bankruptcy of State-owned Enterprises in Several Cities (Guo Fa [1994] No. 59), in which Article 5 stipulates: "Macro Code encourages 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 resettlement 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. "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 Li Nai's retirement age can retire early upon their own application.

It also stipulates that contract workers and temporary workers shall be handled in accordance with the relevant regulations of the State at that time.

On March 2, 1997, the Supplementary Notice on Issues Concerning the Merger and Bankruptcy of State-Owned Enterprises and the Reemployment of Employees in Ruonajuchungan City (Guo Fa [1997] No. 10) was promulgated, of which Article 5 stipulates: "The resettlement fee for employees shall be allocated to the reemployment service center and the ...... shall be used as a wholeEmployees who have not yet been employed shall be paid basic living expenses by the reemployment service center, and the payment will cease to be made after reemployment. Self-employed persons may be paid a one-time settlement fee", "After the bankrupt enterprise enters the bankruptcy procedure, the living expenses of the employees shall be paid from the bankruptcy liquidation fee, and the specific payment method shall be implemented in accordance with the Interim Provisions on Financial Issues Related to the Trial Bankruptcy of State-owned Enterprises (Cai Gong Zi [1996] No. 226) issued by the Ministry of Finance.

The former Ministry of Labor's Reply to Issues Concerning the Placement of Employees of Bankrupt Enterprises (Lao Ban Han [1997] No. 159) and the Ministry of Labor and Social Security's Reply to Policy Issues Concerning the Placement of Employees of Bankrupt Enterprises (Lao She Ting Han [1998] No. 118) also have some specific provisions.

To sum up, it can be seen that employees who do not receive a one-time settlement allowance should be paid basic living allowance; It is a contract worker who can terminate the labor contract, and pay three times the average annual wage income of the enterprise employee in the city where the economic subsidy enterprise is located in the previous year, which can be differentiated according to the length of service of the employee, and the specific standard shall be stipulated by the people of the relevant city. Therefore, you can check with your local** for local regulations. In addition, it should be reminded that the above provisions only apply to similar industrial enterprises in the 111 pilot cities of "optimizing the capital structure".

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 compensate the employee with money, 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.

Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China stipulates that if an employer is declared bankrupt in accordance with the law, the labor contract shall be terminated. Article 46 of the Labor Contract Law of the People's Republic of China stipulates that if an employer is declared bankrupt in accordance with the law and terminates the labor contract, it shall pay economic compensation to the employee.

Paragraph 1 of Article 47 of the Labor Contract Law of the People's Republic of China shall pay severance to the employee according to the number of years of service in the employer and one month's salary for each full year. If it has not been skated for more than six months for one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. Paragraph 3 of Article 47 The monthly wage referred to in this article refers to the average salary of an employee in the 12 months prior to the termination of the labor contract.

Paragraph 3 of Article 97 Where a labor contract existing on the effective date of this Law is dissolved or terminated after the effective date of this Law, and the severance letter shall be paid in accordance with the provisions of Article 46 of this Law, the period of severance shall be calculated from the effective date of this Law.

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.

To carry out enterprise bankruptcy, it is necessary to first settle 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.

**Encourage employees of bankrupt enterprises to seek self-employment. For those who are self-employed, a one-time resettlement fee can be issued according to the actual local situation, and the status of employees of state-owned enterprises can 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 each relevant city.

During the period of unemployment, the employees of bankrupt enterprises shall enjoy unemployment insurance benefits in accordance with the "Provisions on Unemployment Insurance for Employees of State-owned Enterprises". Employees who are unable to re-employ after the expiration of unemployment insurance and meet the conditions for social assistance shall be paid social assistance funds by the local civil affairs department in accordance with regulations.

When the enterprise to which they work suffers bankruptcy, employees should protect their legitimate rights and interests in accordance with the law, including:

1. Calmly face the fact that the labor contract was terminated early, and strive to re-employ.

2. Employees do not need to declare the arrears of wages, medical treatment, disability subsidies, and bereavement expenses, as well as the compensation that should be paid to employees according to laws and administrative regulations, and the manager 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 employee may file a lawsuit in the people's court.

Legal basis: Article 16 of the Labor Law of the People's Republic of China clearly stipulates that a labor contract shall be concluded to establish an employment relationship. According to the relevant labor laws and regulations of the People's Republic of China, if an employer deliberately delays the conclusion of a labor contract, such as deliberately failing to conclude a labor contract in accordance with the regulations after recruitment, or deliberately fails to renew the labor contract in a timely manner after the expiration of the labor contract, causing damage to the employee, the employee shall compensate for the loss of the employee, and the employee may also request the labor administrative department to correct the employer's wrong practice.