On Priority Payment Of Labor Debt In Bankruptcy Law

The realization of labor creditor's rights can not be neglected in the course of settling all kinds of creditor's rights in bankruptcy cases.It is of great significance whether to protect the vulnerable groups or to protect the interests of society as a whole.China's bankruptcy law gives priority to the legal status of labor claims,China from June 1,2007 onwards the implementation of the "Enterprise Bankruptcy Law of the People's Republic of China",it is also in Article 113,paragraph 1 provides for priority claims Of the legal status of labor debt priority to the legal status of the settlement is also officially established at this time.This article takes this article as the foothold,uses the research methods such as the positive analysis method,the value analysis method,the comparative law and so on,from the bankruptcy law the definition of the labor creditor's rights,the labor creditor's rights priority repayment rationality as well as our country labor creditor's rights priority repayment system existence question and so on several And finally put forward some personal legal thoughts on this basis.The following is the main content of this article:This article defines the concept of labor creditor 's right,and summarizes the characteristics of labor creditor' s right.Labor claims is a concept in civil law,and not unique to the law of bankruptcy.The characteristics of labor claims are briefly described as follows: personal nature,survivability,weakness,social and so on.The scope of labor claims "Enterprise Bankruptcy Law of the People's Republic of China" in Article 113,paragraph 1 expressly enumerated as follows: bankrupt wages owed workers,medical,disability subsidies,pension costs,the owe should be included in the individual workers The basic old-age insurance of the account,the basic medical insurance expenses,and the compensation that shall be paid to the employees in accordance with the laws and administrative regulations.The development of labor creditor 's right priority system in our country can be divided into three periods.Namely: the embryonic stage of the protection of labor claims;the special protection of labor claims period;the priority of labor debt settlement status.The whole process of development,labor claims and ordinary claims compared to the priority is always in the position,but compared with the secured claims,labor claims,the order of payment is experienced from inferior to priority and then inferior to the process.Of course,this is a certain reason,in the context of China's special economic system reform,the labor claims of the order of payment also had to change with the reform,which to some extent reflects the bankruptcy legal system from imperfect to gradually improve the process.In China's bankruptcy law,on the one hand,the priority of labor creditor's rights over other general creditor's rights is the rationality of labor creditor's right,which is determined by the characteristics of labor creditor's right.On the other hand,secured claims also enjoy priority in insolvency law.In the theoretical circles and legislative practice,there are always two opposing arguments about the priority of labor claims and secured claims in the distribution of bankruptcy claims.One view is that secured claims should take precedence over labor claims,While the other is that labor claims should take precedence over secured claims.At present,there are two main problems in the system of priority of labor creditor's rights in China's bankruptcy law,namely,(1)the standard of the determination of the amount of priority of labor creditor's rights is unclear,the priority of liquidation of labor creditor's right,Law "is only a brief provision in Article 132,but did not accept the bankruptcy of how long before the labor claims can be paid off,and the maximum amount of the amount of claims can be paid to make provision,so that China's bankruptcy law priority of the amount of labor claims It is not clear that this standard will result in a variety of bankruptcy cases in practice will encounter many problems,resulting in labor rights between the rights of the conflict is not conducive to the subsequent settlement of other claims;(b)labor claims completely After the inferior to the secured debt compensation seriously damaged the rights and interests of workers.In accordance with the principle established in the Bankruptcy Law of our country,the secured creditor has priority over the specific security property,and the bankruptcy assignment has priority over the labor claim.This leads to the fact that some of the assets of a substantial part of the bankrupt's assets have been taken away by the secured creditor before the labor claims are paid and the remaining property is subject to bankruptcy and public debt,Labor creditors,the insolvency estate may have been depleted,the rights of labor creditors is difficult to achieve.In bankruptcy cases,the number of labor creditors are often very large,and mostly in the bottom of society,the bankruptcy of its difficult to find a suitable job.If the most basic legal rights,that is,enterprises should pay their labor claims can not be guaranteed,it is easy to lead to discontent of workers and lead to group events,resulting in social instability,is not conducive to social harmony and stable development.In this paper,based on the comparison of the two views of the order of the labor claims and the secured claims,the author puts forward some suggestions on how to solve the problem of the priority of the labor creditor's rights in the bankruptcy law.On the basis of the foreign bankruptcy law,The author puts forward some suggestions on how to improve the system of priority of labor creditor's rights in China's bankruptcy law: firstly,the standard of priority of liquidation of labor creditor's rights in bankruptcy law is defined;in the distribution of bankruptcy property,because of giving priority to a certain class of creditors,Resulting in the subsequent decline in the proportion of repayment of the creditors can not even be repaid.So the priority of the status of labor claims to make the necessary restrictions,it can make ordinary creditors get more opportunities and the proportion of liquidation is conducive to balance of interests;Second,clear bankruptcy law priority in the work of the debt settlement,labor claims Itself is a collective concept,in which the right to labor remuneration in the Constitution and the Labor Law to be determined,social insurance,etc.are provided in the social insurance law,economic compensation is the provisions of the Labor Contract Law.In order to better protect the labor creditor's rights which need to be protected first,the author suggests that according to the attribute of labor creditor's right and the right of laborer The third is to balance the interests of laborers and other subjects in the bankruptcy proceedings,and to balance the interests of workers and other subjects in the process of bankruptcy proceedings,China's Bankruptcy Law does not change the nature of the claims of labor claims,nor does it recognize the priority of labor claims as an independent right,so it can not effectively protect the labor claims of workers,to further straighten out the settlement of labor claims Order,the author gives the balance of the interests of all parts of the proposal of creditors,and also gives the solution of the labor claims and secured claims of the order of the issue of the proposal.It is hoped that these suggestions can protect the interests of laborers,and more effectively adjust the conflicts of rights among various creditors in bankruptcy law and balance the interests of the creditors,the debtors and the society.