What to do if the company goes bankrupt and has no money to compensate the employees

If there is no money in the company's failed account, it will be compensated by the bankruptcy estate.

The worker can first apply for labor arbitration, and then take the labor arbitration letter to the court to apply for enforcement. After paying off the bankruptcy expenses and common debts, the bankruptcy estate shall give priority to the payment of wages, medical treatment, disability allowance and bereavement expenses owed to the employees, and the basic endowment insurance, basic medical insurance expenses and compensation that shall be transferred to the personal accounts of the employees shall be paid off.

Liquidation of the bankruptcy estate shall be carried out by auction. However, unless otherwise resolved by the creditors' conference. A bankrupt enterprise may be sold in whole or in part**.

When an enterprise is valued, the intangible assets and other property in it can be sold separately. Property that cannot be auctioned or restricted from transfer in accordance with state provisions shall be disposed of in the manner provided by the state.

If the company goes into bankruptcy liquidation, it shall pay the employee a certain amount of severance payment, which shall be calculated according to the period of service of the employee. Employees who claim severance can directly submit to the bankruptcy administrator, who will make a list and receive compensation after publicity. If the employee has any objection to the list of compensation paid by the company, he or she may request the management to correct it.

At the same time, if the company's administrator claims that the company has no money, the employee should promptly file a lawsuit with the people's court that accepts the bankruptcy application.

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 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.

Article 46 of the Labor Contract Law shall pay economic compensation to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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

Article 113 of the Enterprise Bankruptcy Law stipulates that the bankruptcy estate shall be repaid in the following order after giving priority to the repayment of bankruptcy expenses and common debts: the wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person, the basic pension 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.

Dear, hello, I am Mr. Wu, a professional in the workplace, and I am happy to answer for you. "If the company goes bankrupt and has no money to compensate the employee, it can file an application for bankruptcy liquidation with the people's court. The people's court appoints an administrator to carry out bankruptcy liquidation, and uses the bankruptcy estate to pay off the wages owed by the bankrupt person to the employees, medical treatment, disability allowances, bereavement expenses, social insurance expenses, and the compensation that shall be paid to the employees according to laws and administrative regulations. ”

Legal Analysis: If the compensation for the employees of the company is insufficient, the enterprise can carry out bankruptcy liquidation and compensate the employees if there is residual property after paying off the bankruptcy expenses and joint debts. Article 2 : Where an enterprise legal person is unable to pay off its debts when due, and its assets are insufficient to pay off all its debts or it obviously lacks the ability to pay off its debts, it shall liquidate its debts in accordance with the provisions of this law.

Legal basis: Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China Article 113 The bankruptcy estate, after giving priority to the repayment of bankruptcy expenses and common debts, shall pay off the wages, medical treatment, disability subsidies and bereavement expenses owed by the bankrupt person to the employees in the following order, and the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal accounts of the employees, as well as the compensation that shall be paid to the employees in accordance with the laws and administrative regulations.

Article 46 of the Labor Contract Law shall pay economic compensation to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the worker in accordance with the provisions of Article 36 of this Law and returns to the dust, and terminates the labor contract through consultation with the worker;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except where the employer maintains or omits the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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

Article 113 of the Enterprise Bankruptcy Law stipulates that the bankruptcy estate, after giving priority to the repayment of bankruptcy expenses and common debts, shall be repaid in the following order according to the department: the wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic pension 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 the laws and administrative regulations.

Article 46 of the Labor Contract Law shall pay economic compensation to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the worker in accordance with the provisions of Article 36 of this Law and returns to the dust, and terminates the labor contract through consultation with the worker;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except where the employer maintains or omits the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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

Article 113 of the Enterprise Bankruptcy Law stipulates that the bankruptcy estate, after giving priority to the repayment of bankruptcy expenses and common debts, shall be repaid in the following order according to the department: the wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic pension 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 the laws and administrative regulations.

Legal analysis: If the company fails to pay money, it can pay employees' wages and economic compensation according to the order of bankruptcy debt repayment after entering the bankruptcy procedure.

Legal basis: Article 113, Paragraph 1 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 intellectual travel medical insurance expenses that should be transferred to the personal accounts of the employees, and the compensation that should 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.

According to the provisions of relevant laws, if the compensation for the company's bankrupt employees is insufficient, the enterprise can carry out bankruptcy liquidation, and compensate the employees who have residual property after paying off the bankruptcy expenses and common debts.

1. How to pay the wages of the company's bankrupt employees.

When the enterprise goes bankrupt and liquidates, it gives priority to the repayment of bankruptcy expenses and common debts, and after paying off these expenses, it is to pay off the employees' work and capital.

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 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.

2. What are the factors affecting the liquidation of the company?

Company liquidation refers to the act of liquidating the company's creditor's rights and debts in accordance with the law after the company has the statutory reasons for dissolution or the reasons for dissolution stipulated in the company's articles of association. According to the provisions of the Company Law, when a company is dissolved due to a resolution of the shareholders' meeting, due to the expiration of the business period stipulated in the articles of association, dissolved due to a deadlock, or forcibly dissolved due to illegal acts, the company shall establish a liquidation group within 15 days.

According to the different liquidation procedures carried out in accordance with the law, the liquidation of a company is divided into non-bankruptcy liquidation and bankruptcy liquidation.

1. Non-bankruptcy liquidation refers to the liquidation carried out in accordance with the provisions of the Company Law in the case of the dissolution of the company.

2. Bankruptcy liquidation refers to the liquidation carried out in accordance with the provisions of the Bankruptcy Law when the company is unable to pay off the debts due.

3. The main difference between bankruptcy liquidation and non-bankruptcy liquidation is that the liquidation procedures carried out by the company in accordance with the law are different. At the time of termination of the company, the liquidation carried out is a non-bankruptcy liquidation if the property is sufficient to pay off the debts. At this time, the external debts can be repaid in full, and there is still residual property for shareholders to distribute.

If the property is no longer sufficient to repay all debts, it must be liquidated in accordance with the bankruptcy liquidation procedure, and the company shall be terminated after the wages, social security, taxes, and bankruptcy claims of the employees of the bankrupt enterprise have been paid off in accordance with the legal procedures and the principle of fair compensation.

If the company closes down and has no money, the compensation to the employee shall be determined according to the employee's working years, and one month's salary shall be paid as compensation for each full year of service in the company. So, how can employees compensate employees who have no money for the company's collapse? Let's find out together with the legal open.

1. How to compensate employees who have no money for the company's bankruptcy The way to compensate employees for the company's bankruptcy and no money: first, the property liquidation shall be carried out, and the wages shall be paid to the workers 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. 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. 2. What should I do if the wages of the company's bankrupt employees are not paid The solution to the non-payment of the wages of the company's bankrupt employees: 1

**Complaints should be directed to the local Labor Law Enforcement Inspection Brigade. The supervision brigade may, in accordance with the Regulations on Labor and Social Security Inspection, supervise and inspect the employer in accordance with the law and order it to pay the arrears of wages. 2.

Apply directly to the local people's court for a payment order. According to Article 30 of the Labor Contract Law, if an employer is in arrears or fails to pay the labor remuneration in full, the employee 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. 3.

The most effective way is to apply for labor arbitration directly to the local labor administration department (no fees, no lawyers). Dai Mingqin Through the award issued by labor arbitration, claim compensation from the unit, if the compensation is not paid, you can apply to the court for compulsory enforcement. 3. The order of compensation for the company's bankruptcy The order of compensation for the company's bankruptcy is as follows:

1.Compensate for bankruptcy expenses and common debts with the company's assets after bankruptcy; 2.payment of employees' wages, social security expenses and statutory compensation; 3.

repayment of outstanding taxes; 4.Repayment of the company's ordinary bankruptcy claims. The above is the detailed introduction of the company to the bankruptcy of the company, how to compensate the employees of the company, how to compensate for the jujube.

Hope it helps. If you have any legal questions, it is recommended to consult a professional lawyer.

Labor Contract Law of the People's Republic of China

Article 87.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Labor Contract Law of the People's Republic of China

Article 47.

Severance shall be paid to the worker according to the number of years of service in the employer 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.