On The Protection Of Labor Creditor's Rights In Bankruptcy And Reorganization

The bankruptcy law,which is known as the "market constitution",is a delisting law that adjusts the legal relationship of market subjects when their solvency problems arise,and plays an important role in improving China's socialist market economic system.The existence of the bankruptcy law is not just to eliminate the enterprises that have been eliminated by the market.With the increasing severity of the waste of resources and the unemployment of employees in the bankruptcy process,all areas of society are no longer a blind choice when facing difficult enterprises end the enterprise,but prefer to save the endangered enterprise through the bankruptcy reorganization process.Compared with the general procedures for bankruptcy,the bankruptcy reorganization process has more room for "autonomy".Among the many relevant stakeholders of the enterprise,the labor creditors are in a weak position due to their position.In addition to the imperfect provisions of relevant laws and regulations,labor debts are vulnerable to violations during the reorganization process.In order to effectively protect the labor claims in the bankruptcy and reorganization process,this article proposes that the specific repayment content of the labor claims in the bankruptcy and reorganization process should be clarified,and the specific rights of the labor creditors in applying for bankruptcy reorganization,participating in creditor meetings,and supervising the reorganization process should be specified and operable measures such as adding a pre-restructuring model,expanding the main body of responsibility,enhancing the prevention of the debtor's transfer of property,establishing a salary guarantee system,and improving the information disclosure system.