What should I do if the company is bankrupt and the employee s salary is not paid?

1. **Complaints should be made 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 administrative department (no fee, no lawyer).

If you claim compensation from the employer through the award issued by labor arbitration, you can apply to the court for compulsory enforcement if you still do not pay compensation.

If a company goes bankrupt, the company owes wages to its employees and may apply for bankruptcy liquidation in accordance with the law. After giving priority to the repayment of bankruptcy expenses and common debts, the bankruptcy estate shall pay off the wages owed by the company to the employees, medical treatment, disability allowance and pension expenses in order.

Legal basis] Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China Article 113 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 subsidies and bereavement expenses owed by the bankrupt person to the employees, 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 other than those provided for in the preceding paragraph and the taxes owed by the bankrupt; (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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

It is possible to apply for labor arbitration, collapse or bankruptcy liquidation.

Employees who are bankrupt can apply for labor arbitration or go into bankruptcy liquidation. The law stipulates that after the bankruptcy of an enterprise is liquidated and the bankruptcy expenses are paid, the wages of employees, medical subsidies for work-related injuries, social security and medical insurance arrears for employees, and compensation stipulated by the state. General Insurance, Taxes.

The third order is ordinary claims.

Origin of wages:

At present, every public employee in China can receive a cash salary paid by his unit on a monthly basis as a remuneration for his or her work or labor for one month. This method of paying wages on a monthly basis appeared as early as the pre-Qin period. But what was given at that time was not cash, but in kind, mainly grain, which was called Lu.

Prior to this, Lu in the Xia, Shang and Zhou dynasties was distributed according to the number of people, and there was not much difference between them. By the time of the Warring States Period, there was a great disparity in the distribution of Lu.

The elder brother of Chen Zhongzi of Qi State eats Lu Wan Zhong Zhong He Liuhu and four buckets, this is Houlu, the person who fights food mentioned by Fan Sui of Qin State, is less than 100 Hu at the age of Lu, this is Bo Lu. In the Han Dynasty, Lu was renamed as Yu, and grain was still distributed, with stone or dunk as the unit of calculation. It was not until the Yanping period of Emperor Yan of the Eastern Han Dynasty that it was changed to half a grain and half a penny, and the monthly money was changed to monthly money, and there were detailed and strict regulations on the issuance of monthly money according to taste.

After the Tang Dynasty, the salary was gradually changed to all the discovery gold. In the middle of the Ming Dynasty, the commodity economy had a certain development, and the official salary was changed to salary, which was called monthly fee at that time, and then changed to firewood and silver, and the salary evolved from this, and is now generally called salary. <>