Research On Protection Of Labor Claim In The Bankruptcy Liquidation

The bankrupt enterprise employees’rights and interests protection problem is not only a social problem, even can be said a political issue. Most of the enterprise employees are in the bottom of society,"low income, poor treatment " is a true portraiture of their living conditions. Once the enterprise bankruptcy, the employees will face a double blow of unemployment and labor compensation cannot be realized, if this problem cannot be dealt with well, it will affect the employee and family’ life, more serious, it might aggravate social contradictions, induce social instability factors, and even cause a massive group incidents. This paper is devoted to research on this problem, which is the theoretical study and realistic thinking of effective protection of labor creditor’s rights from the perspective of insolvency, hope to do our best to help the future legislation and judicial practice.How to protect the labor claim, based on their intellectual background, research direction and realistic concern aspects, scholars have carried on the beneficial research and discussion, and made a lot of valuable research results. The existing research results mainly concentrated in the following aspects:strengthening the enterprise employees’participation rights and voting rights in bankruptcy procedure; establishing and improving a sound social security system; establishing bankruptcy claims of labor insurance or guarantee fund and so on. The author thinks that combined with China’s national conditions and social legislation based on the policy considerations.Form the sequence of priority insolvency,paying off labor claims priority is the key of resolving the problem.In this paper, the author used semantic analysis method, value analysis method, historical research method, comparison research method, based on absorbing foreign experience and national conditions. From the sequence of insolvency, reasonable arrangement relationship between labor claims, guarantee creditor’s rights, taxation claim and the ordinary creditor’s rights. In the process of research,which is priority between labor claims and guarantee creditor’s rights, has become the focus and difficulty of this paper.