On The Protection Of Workers'right And Interests In Enterprise Bankruptcy

With the continuous improvement of China's economic level,enterprises are confronted with the complex external environment such as the progress of science and technology,the change of national policies,the transformation of national economic development mode,as well as internal problems such as the mismanagement of enterprises themselves,which may lead to the bankruptcy of enterprises.In the fierce market competition environment,enterprise bankruptcy is a very common economic phenomenon,which is the inevitable result of "survival of the fittest and elimination of the unfit" in the market competition.Enterprise bankruptcy for the workers,the financial situation of the enterprise into crisis,their situation is also changed,but also because in the whole bankruptcy practice,the enterprise workers are always in a weak position,so their rights and interests are more likely to be violated.For ordinary workers,their labor remuneration is an important economic pillar to maintain their family's living expenses,so when their labor remuneration is not effectively paid off or the amount paid off is low,it will cause new social contradictions.Not only that,once the enterprise bankruptcy will cause a large number of employers of employees unemployment,social unemployment increased,seriously affect social stability and unity.In the practice of enterprise bankruptcy cases,because the labor remuneration of enterprise employees has not been timely and effectively paid off,so the group incidents caused by the wage issue of bankrupt enterprise employees have been common.Current our country enterprise bankruptcy law on the issue of worker claims priority repay more general,in determining the creditor's right on time,interval and labor creditor's rights and the lack of a specific limit on the amount of,low staff participation in the enterprise bankruptcy and the worker of creditor's rights effective rate is low,did not specify the enterprise management personnel of labor of joint and several liability.In this regard,based on the specific national conditions of our country and combined with relevant foreign experience,this paper puts forward that the law should give priority to some labor creditor's rights over secured creditor's rights and make specific limits on the time,interval and amount of labor creditor'srights.It is pointed out that the workers should have the right to participate in the creditor's meeting and be given the right to vote.Put forward to establish and improve the relevant labor debt insurance or social security fund system;In order to better protect the legal rights and interests of workers,some Suggestions are put forward that the joint and several liability of enterprise managers for labor creditor's rights should be clearly stipulated in law.It is an important problem that must be solved at present to protect the rights and interests of enterprise workers.As for how to protect the legitimate rights and interests of workers after the bankruptcy of enterprises in the whole process of bankruptcy proceedings,this paper takes the research significance of protecting the rights and interests of workers as the starting point,and divides into five parts to discuss.The first part is the introduction,which mainly introduces what kind of background the topic of this paper is put forward and the practical and theoretical significance of this topic.This paper introduces the domestic and foreign scholars on the protection of workers' rights and interests in the bankruptcy of enterprises related to the discussion of domestic and foreign scholars on the protection of workers' rights and interests in the bankruptcy of enterprises and other countries outside the legal provisions of the protection of workers' rights and interests in the bankruptcy of enterprises,and introduces the research methods of this paper including literature research methods,comparative analysis and the innovation of this paper.The second part is an overview of the protection of workers' rights in bankrupt enterprises.First,the concept of enterprise,bankruptcy and labor is expounded.Secondly,it elaborates and defines the content of laborers' rights and interests in detail,and clearly explains laborers' creditor's right,laborers' right to know,laborers' right to participate and laborers' right to supervise.Finally,when explaining the rights and interests of laborers,the author analyzes the relationship of mutual cooperation and mutual assistance among laborers' creditor's right,right to know,right to participate and right to supervise.The third part mainly discusses the status quo of the protection of workers' rights and interests in the bankruptcy of enterprises in China and the main explanation of the practical problems.This part first discusses the status quo of the protection of workers' rights and interests ineach stage of the bankruptcy procedure.Then,from the legal level,it analyzes the limitations of the current legal provisions on labor creditor's rights in our country,such as the limitation that the creditor's rights of employees cannot be paid off before the guaranteed creditor's rights,and the lack of the joint and several liability of enterprise managers for labor creditor's rights.Finally,from the perspective of practice,this paper analyzes the practical problems such as the lack of timely and effective repayment of workers' creditor's rights in the bankruptcy process,the low participation of workers in the bankruptcy process and the lack of corresponding voting rights.The fourth part mainly expounds the protection of workers' rights and interests in bankrupt enterprises in developed countries and regions.As for the protection of the creditor's rights of workers in bankrupt enterprises in the United States,the United Kingdom,France and Hong Kong as well as their practices in practice,this paper makes a detailed analysis and finds out the successful experience that is worth learning from by comparison.The fifth part is about improving the protection of workers' rights and interests in bankrupt enterprises.In the third part of this paper,the author discusses the problems existing in the legislation and the reality of the protection of the creditor's rights of the workers of bankrupt enterprises at the present stage in our country.Specific Suggestions include: first,the law clearly stipulates the priority status of labor creditor's rights and specifically stipulates the time,interval and amount of labor creditor's rights;Second,from the law to fully ensure the effective participation of workers in the enterprise bankruptcy proceedings and give them certain voting rights to enhance the role of trade unions in enterprise bankruptcy;Third,the establishment and improvement of the wage security fund or the insurance system for workers' creditor's rights.It is the general trend to ensure the effective repayment of workers' creditor's rights by relying on the wage security system.Most countries outside the region are improving their own social security systems.The fourth is to establish the joint and several liability of the enterprise management personnel to the labor creditor's right and strengthen the supervision of the enterprise finance,the purpose is to compensate the relief,in order to make our country laborer's rights and interests protection more perfect and reasonable.