What to do with the wages of employees when the company goes out of business

If the company declares bankruptcy, the wages of the workers shall be paid off with the company's bankruptcy estate in priority.

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:

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.

How to deal with the wages of the company's bankrupt employees: 1. If the property of the company's bankruptcy liquidation is sufficient to repay the wages of the employees, it will be repaid; 2. If it is not enough to repay, the company will not repay it after it is cancelled according to law. The order of liquidation of the company's bankruptcy is to pay off the liquidation costs; Employees' wages, social insurance premiums and statutory compensation; tax owed; and distribution to shareholders of residual property.

[Legal basis].

Article 186 of the Company Law of the People's Republic of China provides that after the liquidation group has liquidated the company's property and prepared the balance sheet and property list, it shall formulate a liquidation plan and report it to the shareholders' meeting, the general meeting of shareholders or the people's court for confirmation. The company's property is distributed according to the proportion of shareholders' capital contributions, and the shares are distributed according to the proportion of shares held by shareholders. During the liquidation period, the company shall continue to exist, but shall not carry out business activities unrelated to the liquidation.

The company's property shall not be distributed to shareholders until it is repaid in accordance with the provisions of the preceding paragraph.

After the bankruptcy of the enterprise, what should the employees of the enterprise go and what rights and interests can they obtain? First of all, Article 46 (4) of the Labor Contract Law of the People's Republic of China stipulates that if an employer declares bankruptcy in accordance with the law, it shall pay economic compensation to the employee. Secondly, according to Article 47 of the Labor Contract Law of the People's Republic of China, severance compensation shall be paid to the employee according to the number of years of service in the employer, 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 employee shall be paid half a month's salary as economic compensation, but the maximum period for which the economic compensation shall be paid shall not exceed 12 years, and the wage standard referred to in this Law shall be the average salary of the employee in the 12 months prior to the termination or termination of the labor contract.

Finally, even if an enterprise goes bankrupt, it should pay the wages owed to the employees, medical treatment, disability allowances, and bereavement expenses, and the basic endowment insurance and basic medical insurance expenses owed to the employees' personal accounts. Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China [Calculation of Economic Compensation] Economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit.

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.

Is the wages of the employees of the bankrupt enterprise paid by the lessor?

After the bankruptcy of the company, the wages and medical treatment, disability subsidies and bereavement expenses owed 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 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 them after investigation, and the manager can directly claim them after the expiration of the publicity period.

If employees have objections to the list records, they may request that the manager make corrections; If the manager refuses to make corrections, the employee may file a lawsuit in the people's court.

The collapse of a company generally has foreign debts, and it is not worth running away from employees if they do not owe only wages to employees. Rational approach: Organize employees, seal up all valuable things in the company, and don't let other creditor companies pull them away.

Then apply to the local labor department for labor arbitration, and at the same time apply to the court for asset protection and the company's asset liquidation auction. According to the law, the residual value of a bankrupt company must first pay the wages of its employees, and after the payment is completed, if there is any surplus before other foreign debts can be repaid. Of course, if you are troublesome, you can move something yourself.

Don't move too much, just cover your salary.

According to Article 182 of the Company Law, "if serious difficulties arise in the operation and management of the company, and the continued existence of the company will cause significant losses to the interests of shareholders, and cannot be resolved by other means, shareholders holding more than 10% of the voting rights of all shareholders of the company may request the people's court to dissolve the company." Therefore, the dissolution (bankruptcy) of the company is a circumstance permitted by law and will enter into bankruptcy liquidation proceedings.

The second paragraph of Article 186 of the Company Law stipulates: "The remaining property of the company after the liquidation expenses, employees' wages, social insurance premiums and statutory compensation, the payment of taxes owed, and the repayment of the company's debts shall be distributed by the limited liability company according to the proportion of the shareholders' capital contribution, and the shares shall be distributed according to the proportion of shares held by the shareholders." It can be seen that the wages of employees should be repaid on a priority basis.

Therefore, in this case, the company's employees should pay attention to taking care of the company's assets and prevent the company's assets from being transferred or hidden. At the same time, the trade union of the enterprise can coordinate and apply to the labor inspection department to intervene, and the unpaid wages should be reimbursed. When the company is about to go bankrupt, employees are concerned about nothing more than what to do with social security and how to deal with wages in the company's bankruptcy.

If the company goes out of business, the employee can continue to pay social security as a flexible employee until the next unit stall. As for wages, the property obtained from the liquidation after the closure of the company will be used to repay the wages of the company's employees, so there is no need to worry about not receiving wages after the company goes bankrupt.

1. What should be done with the wages of employees whose companies have closed down?

1. The company goes bankrupt and the employee's salary is paid off by the bankruptcy estate. Settle in the following order:

1) Employees' wages, medical treatment, disability subsidies, bereavement expenses, basic pension insurance, basic medical insurance expenses, and employees' compensation;

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

3) Ordinary bankruptcy claims.

2. Legal basis: Article 115 of the Enterprise Bankruptcy Law of the People's Republic of China.

The administrator shall draw up a plan for the distribution of the bankruptcy estate in a timely manner and submit it to the creditors' conference for discussion.

The distribution plan of the bankruptcy estate shall specify the following matters:

1) the name or name and domicile of the creditor participating in the distribution of the bankruptcy estate;

2) the amount of creditor's rights participating in the distribution of the bankruptcy estate;

3) the amount of the bankruptcy estate available for distribution;

4) the order, proportion and amount of distribution of the bankruptcy estate;

5) Methods for implementing the distribution of bankruptcy estate.

After the creditors' conference approves the bankruptcy property distribution plan, the administrator shall submit the plan to the people's court for approval.

2. What are the main procedures for company registration?

The main procedures for company registration are as follows:

1. Handle the approval of the enterprise name;

2. Bring identity certificates, articles of association and other relevant materials to the Industrial and Commercial Bureau to apply for registration;

3. Fill in the registration application form;

4. According to the notice, receive the business license.

After the bankruptcy property of the company is paid off on a priority basis for bankruptcy expenses and common debts, the wages of employees are paid off on a priority basis, but it usually takes a long time. According to the relevant policies and regulations, if the business license of the enterprise is revoked, the closure or revocation is ordered, or the employer is dissolved in advance, the termination of the labor relationship shall be determinedThe severance payment shall be compensated for one month of the average salary of the individual employee in the first 12 months from the date of signing the labor contract, and the compensation shall be calculated as half a month for less than half a year.

Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees shall be transferred to the personal accounts of the employees, as well as the compensation that shall be paid to the employees according to laws and administrative regulations.

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; Ordinary bankruptcy claims. If the bankruptcy estate is insufficient to pay off the repayment claims in the same order, it shall be distributed in accordance with the proportion of the bankruptcy estate.