If the company goes bankrupt, should the employee resign? Why?

Updated on workplace 2024-08-11
14 answers
  1. Anonymous users2024-02-15

    Personally, I don't think an employee should resign if the company goes bankrupt. Because the company needs the support of employees in the process of bankruptcy, it can help the company recover funds as soon as possible.

    For any boss, in the process of running a company, he wants his company to be in a better and better state. However, in the process of running a company, various problems are often encountered, so some people will face the bankruptcy of the company in the process of running the company. <>

    Employees should not offer to resign.

    First of all, corporate bankruptcy is also a relatively normal phenomenon. Because in the process of the company's operation, if there is a shortage of funds, it will cause the company to go bankrupt. However, in this case, employees will also have their own ideas in their hearts.

    Because for employees, after the company goes bankrupt, they will not be able to pay the relevant wages on time. But I personally feel that in this case, the employee should not offer to resign. Because in the case of a company's bankruptcy, the company needs the support of its employees the most to have the effect of a quick return of funds.

    Employees should give comfort to their bosses.

    The second is that in the case of a company going bankrupt, it is a difficult fact for any boss to accept. I also have a very important attitude towards the boss in this situation. Therefore, I personally think that employees should give the boss proper comfort in this situation, because in this way, the boss can have sufficient motivation in the process of running the company.

    After all, there are many companies that go bankrupt and then re-operate the company through some related means. <>

    The boss will lay off the employee.

    Finally, after the company goes bankrupt, if it is not possible to change the status quo. Usually in this case, even if the employee does not resign voluntarily, the boss will choose to dismiss the employee in a reasonable way. Because for any boss, when an employee does not work in the company, it is a kind of irresponsibility to the employee for the boss.

    Therefore, the boss will choose to let the employees have a better development by laying off the employees.

  2. Anonymous users2024-02-14

    Employees should not resign, after the company goes bankrupt, there must be an explanation to the employee, you can get compensation, if you resign, there will be no compensation.

  3. Anonymous users2024-02-13

    You should quit your job as soon as possible, so that you can have a decent job that will not affect your normal life and income, in fact, you are already bankrupt, and there is no need to be nostalgic.

  4. Anonymous users2024-02-12

    You should resign immediately so that you can find a stable job that will not affect your mortgage and car loan, otherwise the financial pressure will be great.

  5. Anonymous users2024-02-11

    Introduction: For an employee, he must hope that his business will get better and better. Of course, if you say that your company is about to go bankrupt, then at this time you are taking the initiative to resign? Or are you waiting to be fired?

    It is advisable to wait for the dismissal, because even if the company goes bankrupt, the employees will still be paid after bankruptcy。First of all, when the enterprise is liquidated, you need to pay the wages of employees with the money in your hands, and if you resign passively, you can also get compensation, but if you take the initiative to resign, you can't get anything, and the company is about to go bankrupt is the time to employ people, at this time, your own initiative to leave is not so righteous, although at this time the company is about to go bankrupt, but you can still play your own strength in it, so even if the company is about to go bankrupt, there is no need to be too anxious. Because the relevant laws stipulate that as long as you work for one day, then the company must pay the wages of employees, and you can work in the company with confidence, and if you don't find a job at this time, it will not be very uncomfortable, which is equivalent to naked resignation.

    Because there are relevant laws and regulations, if the enterprise goes bankrupt because of bankruptcy, if it continues to operate, then it can terminate the labor contract with all employees, at this time everyone can get the economic compensation they should get, and the court will also enter the bankruptcy liquidation process, so if they are resigned, they can still get compensation, but if they resign voluntarily, there is nothing.

    Since you know that this job will not last long, it is best to take a look with your relatives and friends or on the recruitment **, and there are those jobs that are suitable for you. After the company goes bankrupt, your labor contract is automatically terminated, and then you can work in the new company smoothly.

  6. Anonymous users2024-02-10

    It is better to be dismissed, because at this time, it proves that the company has violated the rules, so you also need to give yourself some compensation and subsidies.

  7. Anonymous users2024-02-09

    You should choose to resign voluntarily, because the company is about to go bankrupt, so there is no particularly good development prospects and future, and you must retreat in time.

  8. Anonymous users2024-02-08

    It will be better to resign voluntarily, which is more decent, and it also shows that your ability is okay, but you have your own choice.

  9. Anonymous users2024-02-07

    Legal Analysis: Employees can leave at any time. It is sufficient to submit a separation report in writing 30 days in advance.

    You need to decide whether to resign or not according to your own situation. Bankruptcy reorganization is a new system introduced by the Enterprise Bankruptcy Law, which refers to a legal system that specifically targets enterprises that may or have the cause of bankruptcy but have the hope of maintaining value and regeneration, through the application of all stakeholders, under the auspices of the court and with the participation of interested parties, to carry out business restructuring and debt adjustment, so as to help debtors get rid of financial difficulties and restore business capacity.

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

    Article 70 The debtor or creditor may, in accordance with the provisions of this Law, directly apply to the people's court for reorganization of the debtor.

    Where a creditor applies for bankruptcy liquidation of the debtor, the debtor or the contributor whose capital contribution accounts for more than one-tenth of the debtor's registered capital may apply to the people's court for reorganization after the people's court accepts the bankruptcy application but before the debtor is declared bankrupt.

    Article 71 Where the people's court finds that the application for reorganization complies with the provisions of this Law, it shall rule on the debtor's reorganization and make a public announcement.

    Article 72 The period of reorganization shall be from the date on which the people's court rules on the debtor's reorganization to the termination of the reorganization procedure.

    Article 73 During the period of reorganization, upon the application of the debtor and the approval of the people's court, the debtor may, under the supervision of the manager, manage its property and business affairs on its own.

    In the circumstances provided for in the preceding paragraph, the manager who has taken over the debtor's property and business affairs in accordance with the provisions of this Law shall transfer the property and business affairs to the debtor, and the functions and powers of the manager provided for in this Law shall be exercised by the debtor.

    Article 74 Where the manager is responsible for the management of property and business affairs, the debtor's business management personnel may be appointed to be responsible for business affairs.

  10. Anonymous users2024-02-06

    Legal analysis: The resignation of an employee does not require the signature of the employer to change the position, and the employee only needs to notify the employer in writing one month in advance to terminate the employment relationship.

    Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China Article 37 An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

    Article 38 An employee may terminate a labor contract under any of the following circumstances:

    1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

    2) Failure to pay labor remuneration in full and in a timely manner;

    3) Failure to pay social insurance premiums for workers in accordance with the law;

    4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

    5) The labor contract is invalid due to the circumstances of paragraph 1 of Article 26 of this Law;

    6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

    If an employer forces an employee to work by means of violence, threats or illegal restrictions on his or her personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

  11. Anonymous users2024-02-05

    Summary. In another case, the company did not go bankrupt, but only closed part of the factory. If the relocation is outside the original contracted work location, the company can be required to pay arrears of wages and economic compensation.

    In accordance with Article 47 of the Labor Contract Law, the employee may pay economic compensation to the employee at the rate of one month's salary for each full year of the employee's service in the employer. 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.

    Hello, I've seen your question here.

    When a company goes bankrupt, it is also necessary for employees to sign a resignation application, which is divided into active resignation and passive resignation. Those who voluntarily resign can not get the compensation of Jingbi Congji, and those who resign passively can get economic compensation. The bankruptcy of the company is accepted in the court, and the debts of the employees are the first order of compensation, and they can go directly to the court to sue for the company's arrears of wages.

    In another case, the company did not go bankrupt, but only closed part of the factory. If the relocation is outside the original contracted work location, the company can be required to pay arrears of wages and economic compensation. In accordance with Article 47 of the Labor Contract Law, the employee may pay economic compensation to the employee at the rate of one month's salary for each full year of the employee's service in the employer.

    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 economic compensation of half a month's salary shall be paid to the laborer. If the employee's monthly wage 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 level 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 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.

  12. Anonymous users2024-02-04

    The topic of "should I quit if the company is going bankrupt" has sparked discussions, when do you think it is better to leave the company?

    When the company's development and market influence are at their peak. When your company's development and market influence are at their peak, it's also the right time to jump ship. Because your company is still growing, and at this time your company is very well-known, and others will try their best to "poach" people from your company.

    Naturally, this is the perfect time for you to choose to make a career change. When you jump ship at the pinnacle of the company's development and influence, your social status is naturally high. When you change jobs, you will have more initiative and voice; Conversely, if you choose to move ship during the downhill phase of the company, your value will naturally go down – then you will be very passive in changing jobs, and you will be selected or even rejected.

    I feel like my position, salary, and performance are at or near the top. The reason is that it is only at the peak that the best time to get a higher position and salary. When many people in the workplace think about this question, they often say, "I'm like a fish in water here."

    It's good to keep working. This is caused by human inertia and inertia. Everyone's company development is a parabola.

    The peaks may arrive early or late, but there will certainly be troughs. If you leave the company during the trough period, such as poor performance, you will not get the attention of the leadership, etc. It's going to be hard to find the same position and the same salary in your next home.

    If you are too busy to grow up, you can consider quitting. The workplace, for us, is not only a way to make a living, but also a reliance on our survival, and a kind of progress in our lives. If a job is busy with daily chores and doesn't have room for us to grow, then it doesn't mean as much to our lives.

    Of course, from another point of view, we need to discover the meaning of daily work as much as possible, improve efficiency, and increase our handling skills. If the daily busyness is indeed a meaningless chore, this is not growth, but a time cost consumption. You can consider leaving your job and finding another job.

  13. Anonymous users2024-02-03

    If the company is about to go out of business, the employee should quit the job quickly so that he can get the rest of his salary. When the company really goes out of business, it may not be able to pay the salary, and the efforts that have been made will be wasted, and the more it is equivalent to working in vain. It is difficult to get your salary back through the law, and it takes a lot of time, so it is better to quit your job sooner.

  14. Anonymous users2024-02-02

    In fact, I think every employee has their own ideas, and since the company is about to go bankrupt, then you have no future in this company.

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