What should I do if the company s bankrupt employees are 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.

[Legal Analysis].: You can negotiate with the employer to ask for the settlement of wages, and pay severance payments, and pay one month's salary for one year of work. If the negotiation fails, you can apply for arbitration, and after the arbitration, you can proceed to litigation.

[Legal basis].Labor Contract Law of the People's Republic of China

Article 44 The labor contract shall be terminated under any of the following circumstances: (4) the employer is declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (6) the labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

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

Legal analysis: After the bankruptcy estate gives priority to paying off the bankruptcy expenses and common debts, it shall first pay off the wages, medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, and the basic endowment insurance and basic medical insurance expenses that should 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.

Legal basis: Article 113 of the Bankruptcy Law of the People's Republic of China on Enterprises and Pure Auction of Enterprises Article 113 The bankruptcy estate shall be paid off 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 allowance owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be included in 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.

Enterprise Bankruptcy Law of the People's Republic of China Article 48 The creditor shall declare the creditor's rights to the administrator within the time limit for the declaration of creditor's rights determined by the people's court. The wages, medical treatment, disability allowance and bereavement expenses owed by the debtor to the employees, the basic endowment insurance and basic medical insurance expenses that should be transferred to the employees' personal accounts, and the compensation that shall be paid to the employees according to laws and administrative regulations, do not need to be declared, and the managers shall make a list and publicize them after investigation. 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.

1. What should I do if the company's bankrupt employees are not paid?

1. 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 paid off in addition to bankruptcy expenses, the first order is the wages of employees, medical subsidies for work-related injuries, arrears of social security and medical insurance for employees, and compensation stipulated by the state. The second order is general insurance, taxes.

The third order is ordinary claims.

2. Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China.

Termination of Labor Contract] 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 laborer dies, or has been declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer has had its business license revoked, ordered to close down, revoked, or the employer has decided to dissolve ahead of schedule;

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

2. What should I do if the company is bankrupt and unable to repay its debts.

If an enterprise is bankrupt and unable to repay its debts, it must apply for bankruptcy and go into bankruptcy liquidation. Where an enterprise legal person is unable to pay off its debts when due, and its assets are insufficient to pay off all debts or it clearly lacks the ability to pay off debts, it shall liquidate its debts in accordance with the provisions of this Law. Where an enterprise has the circumstances provided for in the preceding paragraph, or there is a clear possibility of losing solvency, it may carry out reorganization in accordance with the provisions of this Law.