The economic compensation is based on the average salary of the employee in the first 12 months, and is paid to the employee according to the standard of one month's salary for each full year according to the number of years the employee has worked in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. In addition, the wages, medical care, disability allowance and pension expenses owed by the company to employees, as well as the basic pension insurance and basic medical insurance expenses that should be included in employees' personal accounts, should also be paid off first in bankruptcy.

Second, how to calculate the salary of bankrupt employees of the company?

According to the Enterprise Bankruptcy Law of the People's Republic of China:

Article 113 After the bankruptcy expenses and debts are paid off first, the bankruptcy property shall be paid off in the following order:

1. The wages, medical care, disability allowance and pension expenses owed by the bankrupt to the employee, the basic old-age insurance and basic medical insurance expenses owed to the employee's personal account, and the compensation that should be paid to the employee according to laws and administrative regulations;

2. Social insurance premiums and taxes owed by the bankrupt other than those specified in the preceding paragraph;

3. Ordinary bankruptcy claims.

If the bankruptcy property is insufficient to pay off the repayment requirements in the same order, it shall be distributed in proportion. The wages of directors, supervisors and senior managers of bankrupt enterprises shall be calculated according to the average wages of employees of the enterprise.

Article 114 The distribution of bankruptcy property shall be in the form of monetary distribution. However, unless otherwise decided by the creditors' meeting.

Three. Compensation standard of unemployment insurance for employees of bankrupt enterprises 202 1?

According to the "Labor Contract Law", if an employer closes down or goes bankrupt, it shall pay economic compensation to the workers in addition to the actual wages. The compensation standard is as follows: salary for one year and one month after working, salary for more than half a year but less than one year and one month after working, and salary for less than half a year and a half. The above salary refers to the actual average salary in the twelve months before the termination of the contract.

Every day, many enterprises close down and declare bankruptcy. After the company declared bankruptcy, bankruptcy liquidation procedure followed. After the liquidation, the company will eliminate its legal person qualification. At this point, because the company no longer exists, the labor relationship with employees naturally terminates. Although there are many enterprises in the market, there is also great competition. The competition among enterprises is a major reason for the survival of the fittest and the collapse of enterprises. However, even if the enterprise is going to close down, it still needs to bear the responsibility. For example, for on-the-job employees, enterprises are liable for compensation. So what is the compensation standard for employees who are closed down in private enterprises?

Compensation standard for bankrupt employees of the company

According to the provisions of the Labor Contract Law, if a company goes bankrupt, it shall compensate the employees for the termination of the contract in accordance with the regulations, and the economic compensation shall be paid according to the number of years the employees have worked in the unit and the standard of paying one month's salary every full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

According to the Regulations on the Implementation of the Labor Contract Law of the People's Republic of China, the monthly salary of economic compensation stipulated in Article 47 of the Labor Contract Law shall be calculated according to the wages due to workers, including hourly wages or piece-rate wages and monetary income such as bonuses, allowances and subsidies. If the average wage of a worker in the twelve months before the dissolution or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard. If the laborer has worked for less than twelve months, the average wage shall be calculated according to the number of months actually worked.

The compensation paid to bankrupt workers is linked to the length of service of employees. The higher the length of service, the more compensation they get.

According to the enterprise bankruptcy law, employees can get the following compensation:

1. Wages, medical care, disability allowance and pension expenses owed by the company to workers. Wages should generally include hourly wages, piecework wages, funds, allowances and subsidies, but non-labor income and labor protection expenses are not included in the wage range. If it is a company executive, the salary is calculated according to the average salary of enterprise employees. Medical and disability benefits are the social security benefits that employees should enjoy according to the medical security system during their employment or the benefits that they should receive due to industrial accidents during their work. Pensions are pensions that employees' families should enjoy after work-related injuries and deaths.

2. The basic pension and medical insurance fees owed by the company to employees should be included in your personal account. If the company's asset-liability ratio is high, it can also get other expenses that should be included in the social pooling account, but from the bankruptcy practice, the expenses included in the social pooling account are generally not available (because social pooling insurance is the second in the liquidation order in the bankruptcy law).

3. The compensation that should be paid to workers according to laws and administrative regulations. Specifically, it includes: the compensation that should be paid to terminate the labor contract; Compensation payable for withholding or arrears of wages; Compensation for the termination of the labor contract; Other compensations that should be paid according to laws and regulations. The above compensation is limited to the compensation stipulated by laws and administrative regulations, and the compensation paid to workers according to local regulations and rules does not enjoy priority.

When the enterprise goes bankrupt, employees shall safeguard their legitimate rights and interests according to law, including:

1. In the face of the fact that the labor contract was terminated early, strive to re-employment.

2. Employees don't have to declare unpaid wages, medical care, disability allowance, pension expenses, and compensation that should be paid to employees according to laws and administrative regulations. After investigation, the manager will make a list and publicize it. If the employee disagrees with the list, he can ask the manager to correct it; If the manager refuses to correct it, the employee can file a lawsuit against the employee who closed down due to poor management during pregnancy. When the enterprise and the employee negotiate to terminate the labor contract, the compensation items for the employee in the third period (pregnancy, childbirth and lactation) are not very clear;

1. According to the relevant regulations, the salary during childbirth must be paid in full;

2. The specific compensation amount during pregnancy and lactation shall be determined by the company after specific consultation with you;

3. The economic compensation shall be paid in part according to the number of years you have worked in this company, and one month for each full year; For more than six months but less than one year, it shall be counted as one year; Less than six months, pay you economic compensation for half a month's salary.

4. What is the compensation standard for bankrupt employees of listed companies?

Push a lawyer for you: lawyer in Wuling District, lawyer in Lishui District, lawyer in Yudu County, lawyer in Mengcheng County and lawyer in Shunping County.

If a listed company goes bankrupt, the labor relationship between the company and its employees will definitely terminate. For the bankruptcy of the company, employees are most concerned about compensation. After the bankruptcy of that company, what is the standard for employees to get it? Bian Xiao is here.

1. Can bankrupt employees get compensation?

After the company goes bankrupt, employees can

Article 1 13 of the Enterprise Bankruptcy Law stipulates:

After paying off the bankruptcy expenses and debts first, the bankruptcy property shall be paid off in the following order:

(1) Wages, medical care, disability allowance and pension expenses owed by the bankrupt to the employees, basic old-age insurance and basic medical insurance expenses owed to the employees' personal accounts, and legal compensation;

(2) The pre-insurance expenses and the taxes owed by the bankrupt;

(3) Ordinary bankruptcy claims.

If the bankruptcy property is insufficient to pay off the requirements, it shall be distributed in proportion.

The remuneration of directors, supervisors and senior managers of a bankrupt enterprise shall be consistent with that of the employees of the enterprise.

Second, compensation for bankrupt employees of listed companies.

The economic compensation is based on the wages payable, and is paid to the workers according to the standard of one month's salary every full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. The basis of compensation is the standard of economic compensation.

Labor law of the people's Republic of China

Fourth, according to the number of years the laborer has worked in this unit, he will pay one month's salary every year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of workers is three times higher than the average monthly salary of workers in the municipality directly under the central government where the employer is located, the standard for paying economic compensation to workers shall not exceed the maximum period of average monthly economic compensation.

The above is the compensation standard for bankrupt employees of listed companies, and I hope it will help you. After the bankruptcy and liquidation of the root enterprise, employees will be paid after the transaction. The calculation of remuneration should be based on the employee's salary and paid according to the job.

Extended reading:

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