The compensation of the company s bankruptcy to the employees, and how to compensate the company s b

It's hard to say.

In other words, we have just finished studying the "Company Law" and the "Bankruptcy Law".

Just enough for your question.

According to Article 6 of China's Bankruptcy Law, the people's court hearing bankruptcy cases shall protect the legitimate rights and interests of the employees of the enterprise in accordance with the law, and investigate the legal responsibility of the operation and management personnel of the bankrupt enterprise in accordance with the law.

Article 113 The bankruptcy estate shall, after giving priority to the repayment of bankruptcy expenses and common debts, pay off in the following order:

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 shall 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 provided for 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.

Therefore, according to the above provisions, the first payment of the company's remaining assets must be paid off for the relevant items of employees.

However, another problem is that when your company's solvency is no longer able to pay off your employees' salaries, that's a different story.

1. How to compensate the company's bankrupt employees.

1. The compensation standards for bankrupt employees of the company are as follows:

1) The actual working hours and monthly wages of the employees need to be determined;

2) Employees can receive one month's salary for each full year of working hours;

3) If the employee has worked for more than six months but less than one year, it shall be calculated as one year;

4) If you have worked for less than six months, you can get half a month's salary from the company.

2. Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China.

Economic compensation shall be paid to the worker according to the number of years of work in the unit, 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 economic compensation of half a month's salary shall be paid to the workers of Lizhisen.

2. Can a dismissed employee still receive unemployment benefits?

If the employee is dismissed by the company and the employee interrupts his or her employment without his will, he or she can enjoy unemployment insurance benefits as long as the employee's other conditions meet the requirements. Unemployed persons who meet the following conditions may receive unemployment insurance money and enjoy other unemployment insurance benefits in accordance with regulations:

1. Participate in unemployment insurance in accordance with the regulations, and the field unit and the person have fulfilled the payment obligation for one year in accordance with the regulations;

2. Interruption of employment not due to one's own will;

3. Those who have been registered as unemployed in accordance with the procedures prescribed by law;

4. Those who have job search requirements and are willing to accept vocational training and job introduction.

Legal analysis: According to the relevant laws and regulations, the company should pay the employee compensation for the termination of the contract according to the regulations, the standard is one month's compensation (average monthly salary) for one year of work, and ten months' compensation if it has been done for ten years. Moreover, after the company's bankruptcy and rapid destruction of rock property, after giving priority to paying off bankruptcy expenses and public welfare debts, the first thing is to compensate employees for their due income.

The order of payment of the employee's due income: the employee's salary, medical treatment, disability allowance and bereavement expenses, the basic endowment insurance and medical insurance expenses that shall be transferred to the employee's personal account, and the compensation that shall be paid to the employee according to laws and administrative regulations.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic 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 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" as used 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.

After the bankruptcy of the company, the wages of migrant workers in the wages of employees and their project funds are given priority over other debts, and the general compensation can only be obtained after other debts are paid off.

Employees' wages and arrears of social security contributions take precedence over other bankruptcy claims.