Bankruptcy Of State-owned Enterprise Workers To Protect The Legal Issues

Bankruptcy is very common in the socialist market economic system, and bankruptcy proceeding is the right road to get out of the market. The right of the workers is involved in the bankruptcy of State-owned enterprises. But, because of the special of State-owned enterprises and the lacking of rules and system to protect the workers, it is difficult to avoid the hurt of workers' right and the stability and development of the society. So, the protection of the workers has become the focus of the society. The writer brings out his own views on the base of others ' , and wish to help resolve the questions.The article has four parts:The first part talks about three questions: the first question is mainly about the concept of State-owned enterprises and the economic environment situation State-owned enterprises faced; The second question is mainly about the understanding of the right, the range of the workers of State-owned enterprises, the difference of right between State-owned enterprises' workers and Non-state-owned enterprises' workers ; The third question is mainly about the concept of Policy-oriented bankruptcy, the comparison between Policy-oriented bankruptcy and common bankruptcy, the question in the Policy-oriented bankruptcy and how to resolve it. The writer brings out his own views on financing costs.The second part is the comparison between Chinese and foreign systems on protecting State-owned enterprises' workers. This part has three sections: the first section talks about the establishment, development of the system to protect the workers of bankruptcy, and the new trends of ADR in Japan; the second section is about the establishment, development of the system to protect the workers of bankruptcy in France; the third section is mainly about the comparison of the system between Japan, France and Chinese.The writer gives out that the Chinese State-owned enterprises went through a Monopoly capitalist road from the early days to Reform and opening-up. In the Monopoly capitalist time, the workers have the same salaries no matter what kind of work, this situation is rare in other country. So, it is necessary to develop special compensation standard and compensation Fund. This kind of compensation is a special system of Chinese enterprises.The third part talks about the protection of Labor claims in Chinese enterprises that are bankrupt. This part has two sections: the first section talks about the concept, nature, characteristics and scrape of Labor claims and the right of workers to raise funds which is looked as Labor claims; the second section talks about the protection of Labor claims, the right to participate in bankruptcy of Labor claims, and the Repayment of Labor claims in the new "Enterprise Bankruptcy Law".The four part talks about the improvement of the protection system of State-owned bankrupt enterprises' workers. The writer gives out that we should improve the system in these respects: the right to unemployment benefits of workers, the unemployment insurance system, the protection of Labor rights of unemployed workers and help the unemployed workers to find the re-employment channels and so on. Besides, because of the special way of bankruptcy of Policy-oriented bankruptcy, accordingly, the resettlement measure to unemployed workers is special, too. Because the new "Enterprise Bankruptcy Law" zones off policy-oriented bankruptcy, the rules give the workers special protection in the legislative level.The article summarized the condition of protection of the workers of state-owned enterprises, and suggested that we should ensure the compensate and settlement allowance of the workers come true by using state financial to set up special compensation found , and thought that creating more operating post by supporting medium and small enterprise, consummating relevant laws and statues , building up nationwide system of social security can ensure the right of the workers of state-owned enterprises in China in system.