Studies Of Problems Concerning Protection Of Staff And Workers' Rights And Interests In Bankruptcy Of State-owned Enterprise

Bankruptcy, as an economic phenomenon, is the natural product of marketing competition under the commercial conditions. The bankruptcy proceeding is a normal channel for an enterprise to retrieve from the market, Enterprise bankruptcy touches the rights and interests of the staff and workers of the enterprise. But the rights and interests of the staff and workers' of many bankruptcy enterprises are damaged due to the lack of laws and complete social security system concerning the protection of staff and workers' rights and interests in bankruptcy enterprises in China, which is not beneficial to the stability and progress of society and which gradually attracts the attention of all circles of society.During the course of reform of state-owned enterprises of China, some state-owned enterprises have restructured to be stock company and some have retrieved from the market. In the bankruptcy cases tried by the courts of China during the past ten years, the cases of State-owned enterprises bankruptcy accounts for more than half of them. In the bankruptcy of other than state-owned enterprises, the remedy to the staff and workers are realized through the current laws and social security system, But in the bankruptcy of state-owned enterprises, the sate shall bear the liability for offering remedies and re-arranging jobs for the staff and workers in according with Section 4 of Bankruptcy Law of People's Republic of China. In two notices issued by State Council of China, special remedy measures are also provided concerning the protection of the rights and interests of the staff and workers of the state-owned enterprises bankrupted due to the policy of Chinese government. The problems concerning protection of staff and workers' rights and interests in bankruptcy of state-owned enterprise are of common existence and special nature. But currently in China, there is lack of deep research in theory to the problems concerning protection of staff and workers' rights and interests in bankruptcy of state-owned enterprise and exists phenomena of ignoring the protection of staff and workers' rights and interests in bankruptcy of state-owned enterprise. Therefore, this essay, focusing on the problems concerning protection of staff and workers' rights and interests in bankruptcy of state-owned enterprise, researches about it by combining the trial practice and figures out some ideas and legislation advices on the protection of the rights and interests of the staff and workers of the enterprises.In this essay the protection of the rights and interests of the staff and workers of the bankruptcy enterprises including problems of the scope of the staff and workers of thebankruptcy, the nature and range of the rights and interests of the staff and workers, the difference about the rights and interests of the staff and workers in bankruptcy between the state-owned enterprise and other enterprise ,and importance of the protection of staff and workers' rights and interests in bankruptcy of slate-owned enterprise are analyzed and commented in Chapter one the basic problems. The provisions concerning the protection of the rights and interests of the staff and workers of the enterprises in the present bankruptcy legal systems Of China are also analyzed and commented in Chapter one. The problems of the protection of staff and workers' rights and interests in three aspects in bankruptcy of state-owned enterprise are respectively discussed in Chapter Two, Chapter Three and Chapter Four. Chapter Two is about the protection of labor debtors' rights. In this chapter, the definition, nature, characteristics and scope of labor debtors' rights are discussed. It is also commented on the relevant provisions about the protection of labor debtors' rights in the draft of new Bankruptcy Law and relevant legislation advices are also presented in this chapter. Chapter Three is about the protection of right of participation of the staff and workers of the bankruptcy enterprises. The contents and level of right of participation and staff and workers' participation form are discussed in this chapter. Chapter Four is about the protection of the staff and workers' right of social security. In this chapter, two systems are introduced-insurance system for job losing and project for new job arranging that are the main systems for protection of right of job losing remedy and labor right of the staff and workers of the bankruptcy enterprises, in this chapter, it is also discussed about the special arrangement measures for the staff and workers of the bankruptcy enterprises due the policy of Chinese government and about the reasonableness and unreasonableness of the two notices of State Council of China and the arrangement of the staff and workers are commented.At last, Chapter Five is about several practical problems including the problem of nature of three kinds of expenses incurred in the course of enterprise bankruptcy, the problem of the validity of the separate mortgage of land use right and buildings on the land and the problem of confirmation and confirmation proceeding selection of labor debtors' right.