When the company goes bankrupt, some people stay, some people dismiss people, how to apply for compe

However, if the enterprise is closed, bankrupt or revoked, the subject of the employee will disappear and the labor contract concluded with the employee will be terminated naturally. If a female employee goes bankrupt during pregnancy, childbirth, or breastfeeding, and the female employee gives birth in accordance with the provisions on family planning, the enterprise shall calculate her salary, maternity medical expenses, and related welfare benefits until the end of the breastfeeding period (i.e., until the child reaches the age of one year), and pay the female employee a lump sum together with economic compensation when the labor relationship with the female employee is terminated. Therefore, the employee can request the company to compensate the salary for the unused part of the maternity leave and pay severance payment.

At the same time, the "Supplementary Notice on Issues Concerning the Trial Implementation of the Merger and Bankruptcy of State-owned Enterprises and the Reemployment of Employees in Several Cities" also stipulates that the standard of bankruptcy resettlement fee shall be calculated according to three times the average salary of the employees of the enterprise where the bankrupt enterprise is located in the previous year in principle. If the employee is self-employed, it may be paid in a lump sum.

In addition, from the date of the company's declaration of bankruptcy to the expected end of the lactation period, the company also needs to pay social insurance premiums for pregnant female workers, pay a one-time advance salary, and at the same time, include this period into the length of service to enjoy the corresponding economic compensation.

According to the labor law, you can make up how you want, and the breastfeeding period will be more than other normal employees.

There is financial compensation.

If the employer's business license is revoked, it is ordered to close down, it is revoked, or the employer decides to dissolve it ahead of schedule, the labor contract shall be terminated. According to Article 46, Paragraph 6 of the Labor Contract Law, the employer shall pay economic compensation to the employee.

Labor Contract Law

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

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, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

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

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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; 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" mentioned 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.

The dissolution of the lactating company department is not a statutory condition for terminating the labor contract, so being dismissed is suspected of illegally terminating the labor contract and infringing on your legitimate rights and interests.

In accordance with Article 48 of the Employment Contract Law, you can either request continued performance of the employment contract or demand payment of twice the compensation stipulated in Article 87 of the Labor Contract Law.

The lactation labor law stipulates that you cannot be dismissed, which is not a matter of any situation, so if there is a problem, you can be punished, but you cannot be dismissed.

Female lifters cannot be dismissed while breastfeeding. Paragraph 4 of Article 42 of the Labor Contract Law stipulates that the employer shall not terminate the labor contract of a female employee during pregnancy, childbirth or breastfeeding.

If an employer terminates a labor contract in violation of regulations, it shall pay compensation to the employee at twice the rate of economic compensation.

Attached: Economic compensation standards.

Economic compensation shall be paid to the worker according to the number of years of service of the working person 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 worker shall be paid half a month's salary as economic compensation.

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