On The Limitation Of Bankruptcy Priority Of Labor Creditor’s Rights

Labor creditor’s right is the consideration of labor paid by laborers,and it is one of the concrete manifestations of realizing labor rights.The claim of labor remuneration,as the core content of labor creditor’s rights,is of great value to workers.Labor creditor rights are closely related to the protection and realization of the basic human rights such as the survival and development of workers.It is the key to realizing the survival of a person with dignity and realizing personal value.So first of all,it can be concluded that labor claims should be given priority in the settlement of all bankruptcy claims and given priority.With the deepening of China’s market economic system reform,the market has been fundamentally relieved,labor relations have become rapidly marketized,and laborers have also got rid of the labor pattern of integration of interests.Enterprises are independent from the administrative sequence of the country,the private economy is booming and rapid development,and private companies have sprung up.The marketization of enterprises makes them no longer dependent on the state’s administrative management,and their own operations are self-financing and have independent interests.What follows is that the laborer is gradually independent of the employer,and the relationship between the two is also converted from dependency to choice,no longer "lifetime employment",but the result of voluntary choice.The employer no longer assumes social responsibility for the workers,but instead protects the interests of the workers through the social security system established by the state.From the judicial practice in recent years,it can be seen that more and more ordinary bankrupt creditors have suffered damages.For example,trade-type enterprises,especially agricultural and sideline products processing trade enterprises,have many bankrupt creditors,and they also face survival.The pressure,in this case too much overemphasis on the bankruptcy priority of labor claims,is contrary to the primary goal of the establishment of the bankruptcy law,that is,to ensure that the creditor’s claims are properly settled.Therefore,the protection of bankruptcy labor claims through the bankruptcy law at this stage can only be a transitional stage.The best way to protect the labor rights of bankrupt enterprises is to establish and improve the social security mechanism and to pay the creditor’s rights in the form of social insurance or insurance funds.Guarantee the basic survival interests of workers.It is necessary for the bankruptcy law to impose a modest restriction on the bankruptcy priority of labor claims to balance the interests of each creditor.