How to deal with the shutdown of employees for individual businesses

Updated on society 2024-05-22
5 answers
  1. Anonymous users2024-02-11

    There are several ways to deal with the closure of employees for individual businesses:

    1. If the closed business is likely to resume, it can be treated as a holiday and the basic salary can be paid every month; Notify employees to come to work when business resumes.

    2. The employee whose contract expires will not renew the labor contract and the labor relationship will be terminated.

    3. Employees whose labor contracts have not expired shall be terminated in accordance with the labor law and compensated as necessary.

    3. If other positions in the enterprise can be arranged, and with the consent of the employees, the employees can be arranged to work in other positions of the enterprise, and the labor contract will continue to be valid.

  2. Anonymous users2024-02-10

    1. If the company is suspended and dissolved in advance, the employer shall pay economic compensation to the employee according to the number of years of service in the company 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.

    2. If the company terminates the labor contract in violation of the labor contract law, it needs to pay double economic compensation;

    3. If you do not sign a labor contract, you need to pay twice the salary every month, and if you stay in the company for three months, you can get 6 months' salary.

    Legal basis: Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons

    Article 20 : Where an enterprise legal person suspends business, is revoked, is declared bankrupt, or terminates its business for other reasons, it shall go through the process of deregistration with the competent registration authority.

    Article 21 When going through the process of deregistration, an enterprise legal person shall submit a report on the application for deregistration signed by the legal representative, an approval document issued by the competent department or an examination and approval authority, a certificate of completion of the liquidation of debts, or a document that the liquidation organization is responsible for liquidating the creditor's rights and debts. After approval by the competent registration authority, the copy of the Business License of Enterprise Legal Person and the Business License of Enterprise Legal Person shall be confiscated, the official seal shall be confiscated, and the bank shall be informed of the cancellation of registration.

    Article 22 After receiving the "Business License for Enterprise Legal Person," if an enterprise legal person has not carried out business activities for six months or has ceased business activities for one year, it shall be deemed to have ceased business, and the competent registration authority shall collect and confiscate copies of the "Business License for Enterprise Legal Person" and "Business License for Enterprise Legal Person," collect the official seal, and inform the bank where the registration is cancelled.

  3. Anonymous users2024-02-09

    First, sign the corresponding employee labor contract termination agreement according to the corresponding time of enterprise closure and the corresponding contract agreement, and at the same time reach the compensation content after the contract termination with the employee.

    Second, for shareholding employees, it is necessary to discuss the rights and interests of shareholders, and form corresponding legal documents after the equity agreement is reached.

    Thirdly, it is necessary to conduct a comprehensive accounting and verification of some financial problems left by employees other than wages to ensure that employees are not involved in any loan relationship with the company.

    Fourth, in accordance with the Labor Law, the signing of relevant legal documents before and after the termination of the contract should be handled rigorously, so as to avoid unnecessary legal problems such as labor arbitration or hidden problems in the future.

  4. Anonymous users2024-02-08

    The employees of a bankrupt enterprise have three main rights: first, the right to object to the wages and insurance and other expenses owed by the debtor; second, the right to participate in the debtor's meeting and express opinions; third, the right to participate in the debtor's committee; Fourth, the right to priority compensation. The specific legal provisions are as follows.

    Article 48 of the Enterprise Bankruptcy Law of the People's Republic of China stipulates that the creditor shall declare the creditor's rights to the administrator within the time limit for the declaration of 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, the basic endowment insurance and basic medical insurance expenses that should be transferred to the employees' personal accounts, and the compensation that shall 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 employee may file a lawsuit in the people's court.

    Article 59 stipulates that the creditors' conference shall be attended by the debtor's employees and representatives of the trade union to express their opinions on relevant matters.

    Article 67 stipulates that the creditors' conference may decide to establish a creditor committee. The creditor committee consists of a creditor representative elected by the creditors' conference and a representative of the debtor's employees or trade unions. The creditor committee shall not have more than nine members.

    Article 113 stipulates that the bankruptcy estate shall be repaid in the following order after the bankruptcy expenses and common debts have been paid off first:

    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.

  5. Anonymous users2024-02-07

    The state has corresponding laws and regulations.

    1. It must be properly placed.

    2. It cannot be discarded.

    3. Different solutions are different in different periods.

    Please specify what business and when.

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