Research On The Protection Of Labor Creditor's Rights In Corporate Bankruptcy

The number of corporate bankruptcy cases has been risen year by year in the recent years.In corporate bankruptcy proceedings,labor creditors' actions such as collective petitions,looting of corporate property,and besieging of local people's government departments and other extreme wages demanding behaviors have appeared frequently,which has even become a kind wage demanding model with significant Chinese characteristics and has brought great challenges to China's current laws and regulations.The main reasons of these phenomena are: first,before the start of the bankruptcy proceedings,the "Enterprise Bankruptcy Act" does not clearly stipulate whether the labor creditor has the qualification to apply for the subject of the enterprise bankruptcy proceedings,and the labor creditors cannot tell the difference between labor arbitration and the rights demanding in the bankruptcy proceedings;secondly,in the process of related corporate bankruptcy procedures,the relevant laws and regulations have inconsistent definitions of labor claims,which leads to a situation that labor creditors repeatedly take confirmation of rights in judicial practice,which leads to vain actions of judicial procedure,such as appealing and and retrial,wasting judicial resources;Finally,after the enterprise has declared bankruptcy,due to the fact that most of the assets in the company do not has security interests,it is difficult to fully repay the labor claims.When dealing similar bankruptcy cases,the courts in various regions shall consider how to solve from the source the current prominent problems concerning the priority protection of labor claims,to solve the problems at the grassroots level,and to save judicial resources.This article combines three typical cases in the process of corporate bankruptcy procedures,analyzes and demonstrates the focus of disputes or prominent issues,and puts forward personal opinions in order to provide new ideas for judicial practice.This article intends to analyze from the following parts:In the first part,three typical cases before and after the bankruptcy process are taken as the access,and dispute focus or prominent issues in these cases are concluded.That is,before the commencement of the bankruptcy proceedings,whether the labor creditor has the qualification of the bankruptcy proceedings application;in the process of bankruptcy proceedings,the scope,period and limitation of labor claims are not clear;after the bankruptcy procedure ends,the labor creditor's right is difficult to be fully paid.In the second part,according to the dispute focus or prominent issues,legal analysis is made on the scope of the application of bankruptcy proceedings,the calculation standard of bankruptcy labor claims,the guarantee of prior repayment of bankruptcy labor claims,and the basis of different judgment results.In the third part,the following inspirations and suggestions are mainly drawn.First,it shall be clarified that,before the commencement of the bankruptcy proceedings,the labor creditors shall have the qualification and limitation of the application of the bankruptcy proceedings,and labor creditors shall be guided to correctly exercise their rights and legally protect their rights.Second,it shall be done to unify the calculation standard of labor creditor's right in bankruptcy,define the scope,period and limitation of labor creditor's right in enterprise bankruptcy,divide the internal grade of labor creditor's right and provide protection for different issues.Third,by reasonably limiting the proportion of prior repayment of security interest,improving the social security system and establishing a long-term supervision mechanism,the guarantee of prior repayment of bankruptcy labor claims will be strengthened.