Research Workers Rights Protection Under The Bankruptcy Scenario

Bankruptcy is a normal phenomenon to companies under the market economy system. Bankruptcy is the legal system of compulsory liquidation of debt, but the bankruptcy of the company will also bring a lot of social problems. To the employees, bankruptcy will change their economic status and living conditions seriously and lead to a loss of their job and income, which influences them very tremendously. Because the social insurance system is not perfect, a large number of struggling employees’basic life can not be guaranteed. Under the existing system, the law lacks the special institutional and legal arrangements to protect the rights and interests of employees, especially, no targeted social legislation for unemployment and other social problems caused by bankruptcy.This article focuses on the protection of employees’rights and interests under the state of bankruptcy and analyzes the types of infringements and dilemma they face. Suggesting that in order to protect the rights and interests of employees, we should not only rely on administrative and legal means but also on perfect social insurance and unemployment relief system. At the same time, we must coordinate the specific provisions of labor law, social insurance law, bankruptcy law and other relevant laws, and give the employees prior protection. If the company may be recovered in future, the law should allow the company to enter the restructuring process as soon as possible, and absorb the employees to participate the process. The writer proposes that the employees’rights and interests should be protected preferentially through establishing the insolvency fund. At the same time, the quality of judgment should be improved, and the judicial supervision should also be strengthened in bankruptcy cases.This article emphasizes that as creditors of the bankrupt company and salary earners, the employees’status is very special. Therefore, when the company goes bankrupt, their rights and interests should be fully protected. Only in this way, social stability can be achieved.