If a company is managed not successful, can apply for to go bankrupt, after the company goes broke, can certain assets clears an order, the pay off with undertake to debt repaying also is to have certain next is sequential.
The netizen seeks advice:
Announced to go bankrupt when the company, after company worth is liquidated, still can't pay employee salary, how do this do? So the legal person of the company, have responsibility to repay? If company worth is liquidated hind, how does that money still pay employee wages to do not quite?
Guangdong couplet builds attorney office Wang Jinsong's lawyer to solve:
If the company goes broke,liquidation pays employee compensation not quite, can consult later development deals with:
1, basis " company method " the 187th regulation:
Liquidation group is clearing after detailed list of work out balance sheet and company worth, belongings, discover company worth is not worth pay off debt, ought to apply suspend payment to people court lawfully.
After suspend payment of ruling of court of company classics people, liquidation group ought to transfer liquidation work people court.
When can asking the court undertakes bankrupt liquidating preferential pay employee compensate to pay.
2, basis " labor contract law " the 44th regulation: Unit of choose and employ persons by lawfully of suspend payment, labor contract termination.
Among them the 46th also has a regulation: According to Benfadi 44 the 4th regulation terminates labor contract, unit of choose and employ persons ought to pay economy compensation to laborer.
The 47th sets, economy compensates the fixed number of year that works in this unit by laborer, the level that every pay a monthly wages one year completely pays to laborer. 6 months above resents one year, by a year computational; resents of 6 months, pay the economy of half monthly wages compensation to laborer. Worker of the year on the our region that the government of municipality directly under the Central Government of location of unit of choose and employ persons of prep above of worker monthly wages, city class people that sets an area announces is mean monthly salary of 3 times, pay economic compensatory standard to press a worker to its mean monthly the amount of 3 times pays salary, pay economic compensatory fixed number of year to its highest do not exceed 12 years. An average wage that says monthly wages is before pointing to laborer to in labor the contract removes or be stopped 12 months.
Wang Jinsong's lawyer is compensatory:
3, basis " business failure law " the 113rd regulation: "Go bankrupt belongings goes bankrupt in preferential pay off charge and in all after beneficial debt, according to is following and ordinal pay off: (One) go bankrupt the wage that person place owes a worker and medical treatment, disable charge of accessorial, comfort and compensate a bereaved family, what owe ought to delimit insurance premium of the primary endowment insurance of worker individual account, primary medical treatment is used, and the filling indemnity that regulation of law, administrative regulations ought to pay a worker. And the filling indemnity that regulation of law, administrative regulations ought to pay a worker..
This shows, enterprise by lawfully when suspend payment, the labor contract proper motion that laborer and enterprise sign expires stop, laborer is OK according to " labor contract law " the 44th, the 46th, the 47th, " business failure law " wait for a regulation the 113rd times, requirement company pays stop labor contract economy to compensate gold.
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