Research On The Protection Of Labor-Credit In The Bankrupt Enterprise

The protection labor-credit of bankruptcy's enterprises is a major issue of social policy which is related to the protection of human rights and social stability. As far as the practice of the enterprise's bankruptcy of China are concerned, due to the weak position of the staff, the asymmetry of information and other reasons, the staff's labor-credit is often ignored or cannot be timely and effectively discharged. It will result in the phenomenon of "corporate bankruptcy, workers suffer ", the root of which lies in the absence of related legal system. The protection of the labor-credit of the staff in the bankrupt enterprise is becoming the focus of society. The current "Bankruptcy Law" is too general on the provisions involving the labor, such as its failure to clearly define the connotation and extension of the labor-credit, and the ambiguous provisions of the staff's right of participation, to be applied. Meanwhile, there are many disputes about the theory and practice of labor-credit, such as the order of priority of the labor-credit and the secured-credit in the process of bankruptcy, and the protection of labor-credit in the process of succession of the old and new"Bankruptcy Law". Therefore, it'll be improved the labor-credit protection system of bankruptcy's enterprises with the urgent reality. Except the introduction and conclusion, this paper is divided into four parts as follows:Through the analysis of the theories relating to the labor-credit, Chapter One will discuss the necessity and rationality of protection the labor-credit, with the focus on its conception, character and the features.Chapter Two will introduce the labor-credit protection system of the other nations by using the comparative analysis, such as German, Japan, France, Korea, in the hoping of finding out the experience suitable to China.Chapter Three will discuss the evolution, the current situation and the faults of our labor-credit protection system, by using the method of historical analysis. The provisions on the protection of labor-credit in the process of ordinary and policy bankruptcy before and after the new"Bankruptcy Law"will be introduced, the faults of our labor-credit protection system about the order of priority of the labor-credit in the process of bankruptcy, the scope of the protection of the labor-credit, and the right of participation of the creditors will be found out.Chapter Four will try to propose some suggestions on the building of our labor-credit protection system. This chapter puts forward some legislative proposals which perfect our labor-credit protection system of bankruptcy's enterprises, by improving the settlement order of labor-credit in order to further clarify the scope of the labor claims; improving the participate right of the labor-creditor's bankruptcy; improving the judicial relief of the labor-credit disputes; enhancing the awareness that workers protect their own interests; strengthening the inspection services of the supervision of the labor; establishing the mechanism of the early wage warning; establishing the security system of wage payment and other aspects.