Research On The Protection Of Labor Claims In The Bankruptcy Law

In the market economy conditions,there must have a bankruptcy of an enterprise due to its poor management and insolvent debt.When the enterprise goes bankrupt,the worker will face the unemployment and the enterprise defaulting salary problem at the same time.The protection of workers' rights and interests is related to people's livelihood and social stability.Therefore,our country attaches great importance to this problem.In order to protect the legitimate rights and interests of workers,our country gives priority to labor creditor's rights over ordinary creditor's rights through Bankruptcy Law.However,in practice,labor pay trouble is more and more common,and the conflict between workers and secured claims is more obvious.The reason for these problems is that China's bankruptcy Law gives priority to all secured claims over labor claims,and it is not clear that employees have the right to file for bankruptcy,the right to participate and the right to vote.There are only after-the-event relief measures for workers,but no prior protection measures.Facing the above problems,by comparing the relevant experience of foreign countries and combining the national conditions of our country,this paper puts forward that part of labor creditor's rights should be given priority over secured claims,and the forming time and maximum amount of labor creditor's rights should be limited.It is clearly stipulated that employees have the right to file for bankruptcy,and that they have the right to participate as creditors in the creditors' meeting and thus have the right to vote.And we should establish the wage protection fund system,which could fundamentally eliminate the possibility of enterprises defaulting on the wages of workers and other suggestions.