The company has closed down, and the wages owed to me may not be paid, what should I do?

Wages are paid monthly, and it is illegal to pay them every other month, and it is legal to pay this month's wages next month. Workers who are in arrears of wages, do not pay wages, or deduct wages can call 12333** to complain, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint with the Labor Bureau's Inspection Brigade.

If the company fails to pay the remuneration on time, the employee can apply for the termination of the labor contract and labor relationship, and demand economic compensation. The worker may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.

Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Go to the labor bureau to sell the company's things and sell them for money and pay wages.

If the company closes down, the wages owed to the workers will be paid off with the company's bankruptcy estate.

If the company's assets are insufficient to pay off all debts, it may apply for bankruptcy liquidation in accordance with the law. The bankruptcy estate shall first pay off the wages owed to the employees after giving priority to the settlement of bankruptcy expenses and common debts. The rights of the employees of the enterprise should be protected in the first place when the enterprise goes bankrupt, and the wages and labor insurance premiums owed by the bankrupt enterprise to the employees should be paid on a higher priority basis.

After the bankruptcy of the company, the wages and medical treatment, disability subsidies and bereavement expenses owed to the employees, the basic pension insurance and basic medical insurance expenses that should be transferred to the personal accounts of the employees, as well as the compensation that should be paid to the employees according to laws and administrative regulations, do not need to be declared, and the manager shall make a list and publicize it after investigation, and the manager can directly claim it after the expiration of the publicity period. If an employee has objections to the entry in the list, he or she may request that the manager make corrections, and if the manager refuses to make corrections, the employees may file a lawsuit with the people's court.

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

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 sufficient to pay off the repayment 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.

1. What should I do if the company goes bankrupt and owes wages?

1. If the company goes bankrupt and the wages owed to the worker have IOUs and other proof of creditor's rights, he can directly sue the court; If there is no proof such as an IOU, it is generally necessary to apply for labor arbitration first, and if you are not satisfied with the arbitration award, you will file a lawsuit with the court; Alternatively, the worker can apply directly to the court for a payment order.

2. Legal basis: Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China.

The bankruptcy estate shall be paid off 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, the basic endowment insurance and basic medical insurance expenses that should be transferred to the personal account of the employee, and the compensation that shall be paid to the employee according to laws and administrative regulations;

2) the social insurance premiums and taxes owed by the bankrupt person other than those provided for in the preceding paragraph;

3) Ordinary bankruptcy claims. If the bankruptcy estate is not sufficient to pay off the repayment 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.

2. How to compensate employees if the company goes bankrupt.

If the company goes bankrupt, the employee shall be given compensation for termination of the contract according to the regulations, and the economic compensation shall be paid to the employee according to the number of years the employee has worked in the unit and the standard of one month's salary for each full year. For those who are more than six months but less than one year, they will be counted as one year; If it is less than six months, the worker shall be paid half a month's salary.

Legal analysis: If the company goes bankrupt and the wages owed to the employee have proof of creditor's rights such as an IOU, he can directly sue the court; If there is no proof such as an IOU, it is generally necessary to apply for labor arbitration first, and if you are not satisfied with the arbitration award, you will file a lawsuit with the court; Alternatively, the worker can apply directly to the court for a payment order.

If the company goes bankrupt, the employee shall be compensated for terminating the contract in accordance with the regulations.

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.

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

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 pension and funeral insurance and basic medical insurance expenses that shall be included in 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 fees and taxes owed by the bankrupt person other than those specified in the preceding paragraph;

3) Ordinary bankruptcy claims. 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.

Legal analysis: You can apply to the labor dispute arbitration committee within the local human resources and social security bureau to apply for arbitration and ask for payment of wages. If Feng Zhenfan has not signed a labor contract, he can demand double the salary of Yin Hail who has not signed a labor contract.

If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

The company has closed down and the wages owed are to be recovered in the following ways:

1. The parties can negotiate with the unit to settle the salary, and pay economic compensation, and pay one month's salary for one year of work;

2. If the negotiation fails, you can apply for arbitration, and you can file a lawsuit after the arbitration;

3. The company's property should be used to repay the labor remuneration and related compensation of the workers in priority over the company's shareholders and other general creditors, so it is necessary to control the property not to be concealed or transferred;

4. Subsequently, if you do not want to initiate arbitration, you can report the problem to the labor department and solve the problem through negotiation

1) Not only to keep the evidence of their current salary amount and welfare benefits;

2) In addition, the employer must provide proof of the amount of wages, benefits, and other supporting materials of the employee who has the same position as his own.

5. If it is found that the boss hides or transfers assets and refuses to pay labor remuneration

1) It is a crime to reach a certain amount, and the labor inspection department will order it to pay;

2) If the payment is still not made, the judicial authorities will take measures to make them bear criminal and civil liability.

Legal basisArticle 113 of the Enterprise Bankruptcy Law of the People's Republic of China.

The bankruptcy estate shall be paid off in the following order after the bankruptcy expenses and common debts have been paid off first:

1) The wages, medical treatment, disability allowance and bereavement expenses owed to the employees by the person who broke the property, the basic endowment insurance and basic medical insurance expenses that should 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 pay off the repayment claims of the same Tanzhou parallel order, it shall be distributed proportionally.

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.