The Analysis On The Priority Of Payment Of Labor Remuneration In Enterprises' Bankruptcy

Labor remuneration is basic security of survival and development of workers and their family members, and is also a basic and core right to workers. In order to secure workers to get their due labor remuneration in enterprises'bankrupt property allotment, many countries set up system of labor claim priority to protect it. Our country's newly issued bankruptcy law implements the practice of old methods for past situation and new methods for current situation. In detail, it refers to that enterprises'bankruptcy after the enforcement of the new bankruptcy law, the protection of labor remuneration is much behind security interests, which is obviously inadequate to protect rights and interests of workers. There are many arguments on the nature of priority of payment of labor remuneration in academic circles. The effect, limit of rights and so on in the new bankruptcy law should be defined. This paper is to deeply analyze the nature of priority of payment of labor remuneration, appraise problems of the success and failure and the related implementing legislation on the basis of theory analysis and research on the legislation practice in many countries, and thus putting forward some advices on consummating legislation on priority of payment of labor remuneration.