The Priority Scope And Order Of Repayment Of Labor Claims In Enterprise Bankruptcy Liquidation

Since the implementation of the enterprise bankruptcy law in 2007,the market exit mechanism of Chinese enterprises has been further established and improved.A considerable number of enterprises exit the market in a timely and orderly manner through bankruptcy,so that social resources can be more reasonably allocated.On enterprise bankruptcy legal system design,the enterprise bankruptcy law attaches importance to and in accordance with the law to protect labor creditor’s rights,protect the lawful rights and interests of workers,especially the labor of creditor’s rights as a common bankruptcy claims of the first order,which fully reflects the legitimate rights and interests of laborers such protection,tried to the greatest degree to reduce the adverse impact of the normal life of laborers enterprise bankruptcy,good legal effect and social effect were obtained.But,according to the provisions of the enterprise bankruptcy law,the specific property of the bankrupt enterprise shall enjoy the right of guarantee of the right holder shall have the right to seek preferred payments to that particular property,the property of the bankrupt enterprise set guarantees tend to value is larger,even for the most part of enterprise assets,the rest of property not set security share tend to be small,even if the creditor’s right of labor in the general bankruptcy claims of the first order,also often unable to fully payments,even often occurs in the bankruptcy case enterprise of labor claim nothing get payments in arrears.Labor creditor’s rights arise from the labor of laborers.The laborer pays labor,ought to obtain corresponding labor remuneration and labor insurance to wait for treatment.If the labor creditor’s right is not paid in full,it is extremely unfair to the laborer and often reduces the quality of life of the laborer and his family.Therefore,it is necessary to discuss the sequence of the right to be compensated for labor claims and the priority right to be compensated for claims secured by property.This paper holds that the labor creditor’s right is not the ordinary creditor’s right in the sense of civil law,but the special creditor’s right in the sense of labor law.Due labor remuneration and other economic treatment corresponding to the labor paid by the laborer shall have a higher priority to be compensated than the creditor’s right secured with property,and shall have a higher priority to be compensated than the creditor’s right secured with property.However,labor creditor’s rights include various types,and the time of their establishment also exists successively.Therefore,not all labor creditor’s rights have priority and need to be limited.Otherwise,the interests of secured creditors will be excessively infringed.According to the time of the establishment of labor creditor’s right before and after the establishment of guarantee,it is suggested that labor creditor’s right be divided into two categories: labor creditor’s right and ordinary labor creditor’s right which have priority over secured creditor’s right.In the case that the labor creditor’s right and the secured creditor’s right which have priority to be compensated cannot be compensated in full at the same time,the proportion of the two may be further set,and the labor creditor’s right which has priority to be compensated shall be compensated in the order of wages,social insurance expenses,medical treatment,disability subsidies and pension expenses in arrears.