The factory closes down, but the factory is rented by the boss, so can the employees be compensated?

When the factory closes, the employee can be compensated. The details are as follows.

Article 44 of the Labor Contract Law stipulates that an employment contract shall be terminated under any of the following circumstances.

1) The term of the labor contract expires.

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law.

3) The worker dies, or is declared dead or missing by the people's court.

4) The employer has been declared bankrupt in accordance with law.

5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule.

6) Other circumstances provided for by laws and administrative regulations.

Article 46 stipulates that an employer shall pay economic compensation to an employee under any of the following circumstances: ......6) The labor contract is terminated in accordance with the provisions of Paragraph 4 of Article 44 of this Law.

According to Article 47 of the Labor Contract Law, the compensation standard for economic compensation.

1. Economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year.

2. If it is more than six months but less than 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.

3. 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid shall not exceed 12 years.

4. Monthly wage refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the labor contract.

If the equipment is the boss's or the boss has some inventory products, then it can be mortgaged, then it is possible to get some compensation, but it is not willing to get all at once, it is estimated that only a small part, and it depends on whether the local ** will come forward to give a certain amount of compensation for the overall stability, anyway, it is more difficult.

If compensation can be obtained, in addition to the plant, there are also equipment and other materials that can be compensated to the employees first.

The factory closed down. It has nothing to do with the owner renting a house. As long as the employee has signed an employment contract. should be compensated.

According to the law, the factory must first pay off the wages of the employees and give them a certain amount of compensation, and then deal with the debt problem with other units, which has nothing to do with whether the factory is leased or not.

Yes, it's not that you lose money with the factory, there are machinery and equipment.

You can complain to the local labor department to protect your rights, and the labor inspection department will give you a satisfactory answer.

You should ask your boss for compensation.

Legal Analysis: If the factory closes down and the employee is in arrears, the employee has no right to dispose of the factory, and the factory is an asset owned by the employer. When the company goes bankrupt, the bankruptcy estate shall give priority to the payment of wages, medical treatment, disability allowance, bereavement expenses, pension insurance and medical insurance premiums owed to employees after paying off the bankruptcy expenses and common debts.

Legal basis: Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China 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 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 owner;

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 the 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.

The first thing that can be said is that the factory is closed, and the employees cannot sell the factory, and China is a country with a relatively concentrated manufacturing industry. There are many enterprises, some of them are closed down because of poor management, they do not know much about the rules of market competition, and the products produced cannot meet a certain needs of people, and the structure of the factory is not reasonable, and there is no talent training in the enterprise, and the factory system is also insufficient. This is caused by the adjustment of the industrial structure of the national policy, and at the same time, it is also caused by the poor management of the factories themselves, and there are also some arguments that the leaders of the factories are enriching their own pockets and causing them to go bankrupt.

Some enterprises have closed down, many workers have been laid off, and entrepreneurship has led to vicious competition. The problems of employees after the closure also need to be solved, and the scope is relatively wide. So can the factory be sold without solving the aftermath of the bankruptcy?

Here we make the following explanation, first of all, the plant is owned by the company, even if the factory does not compensate workers in accordance with the current laws and regulations of our country at the time of closure, the workers themselves actually have no right to privately close down the factory building, and the employees themselves do not have the corresponding factory property rights. After the factory is closed, the workers of the factory can take up the law and submit to the people's court and the factory to propose an auction of the factory building, some of the factory's production equipment, and the vehicles used, and then use it to compensate and pay the workers' wages. After the closure of the factory, the factory should sell the fixed assets of the factory, and then use the funds received to distribute them to the workers in proportion.

Since there is no way for employees to sell the factory, how to solve it? After obtaining these evidence, the employees of the factory shed can go to the labor arbitration department to apply for their legitimate rights and interests, and if they do not follow the normal regulations on carrying and slipping, such as deducting wages, not signing a labor contract, and not paying overtime wages for overtime, they can also apply for labor arbitration if the negotiation is invalid.