On Labor Claims Priority

Whether the labor claim enjoys priority in bankrupt propertyallotment, what position it places, these are problems that touch uponthe interests of workers, common creditors, guaranteeing creditors.Great controversy on how to cope with these problems in the policybankruptcy of the state-owned enterprises and "The enterprisebankruptcy law" has brought out. How to define the labor claimpriority in bankrupt property allotment, how to balance the interestconflict between workers and other creditors, these are outstandingproblems not only happened in the state-owned enterprise bankruptcynow, but also in the non state-owned enterprise bankruptcy in thefuture.On the basis of theory analysis and research on the legislationpractice in many countries, linking regulations between labor claimpriority and close-relating systems like social security system, wagesecurity system and wage-paying system, this paper appraisesproblems of the success or failure of the implementing legislation,center on policy bankruptcy and "The enterprise bankruptcy law",finally puts forward some advices on consummating legislation.The scholars place more emphasis on wage claim priority, but lesson other labor claim priorities and the wholly research on the laborclaim priority. This paper tries to wholly discuss relevant problems onthe labor claim priority.This paper is divided into five parts except the preface and theending.The first part, from the angle of civil law theory, mainly analyzesthe problems of the labor claim priority in bankrupt property allotment,such as the concept and character, the nature and classification, theeffect, the conflict and coordination with other rights, the generalhistoric development, etc. This part is written in order to clarify basictheory of the labor claim priority. The second part, firstly criticizes the existing reasons, thenanalyzes why the labor claim possesses priority. The author breaks thelimit of civil law's method,investigates the essence of law, analyzesfrom different points the rational and legitimate foundation on the laborclaim priority, such as the philosophy, the juristic, the economy, etc.The third part is discussed the relations between labor claimpriority and other systems. The social guarantee system, the systemguaranteeing owed salary, can replace the labor claim priority infunction. The wage-paying system and its practice can directly affectthe contents of the labor claim priority.The fourth part analyzes relevant problems of some labor claims,such as the wage claim, the social premium claim and the borrowedfund claim. This paper analyses labor claim's items, quantities, reportprocedure, limit, etc, and deems that the senior managers' wagesshould be acknowledged as a priority on the basis of strict limits.Itanalyses the range and nature of the social insurance claim.It deemsthat the loan claim should not be acknowledged as a priority andsuggests that law should strengthen protection of worker's right in thelabor force contracted from the point of labor claim priority.The fifth part is an analysis and evaluation of the existing system,center on the policy of the State Department and "The enterprisebankruptcy law". Then from the analysis of full paper, it puts forwardsome lawmaking suggestions.