Research On The Identification Of Labor Creditor's Rights In Bankruptcy Of Enterprises

With the continuous development of China's market economy,the speed of enterprise renewal has been accelerated,which has triggered the dispute on labor claims.Enterprises can be said to be "left out of the gates" relationship with the employee,enterprise bankruptcy as bring is laborer unemployment,for some special industries in terms of the laborer,on the brink of retirement staff undoubtedly is a heavy blow,and even some families rely on the laborer's income as the only source of life,once the enterprise bankruptcy,Bring them not only the decline of the quality of life but also the problem of survival.At this point,the identification of labor creditor's rights is particularly important.At present,there are loopholes in the protection of China's "Enterprise bankruptcy Law".The treatment of this problem not only involves the labor relations between enterprises and employees,but even affects the distribution of individual and social interests as a whole.Therefore,what kind of creditor's rights should get priority settlement and how to better protect creditor's rights interests have become difficult problems to be solved in law and practice.The first part of this paper takes the case of "Jin and a ceramic company bankrupt workers' claims dispute" as an example,leading to the identification of labor claims.The second part summarizes the definition,characteristics and types of labor claims.The third part mainly involves the identification standards of labor claims of bankrupt enterprises,which are detailed for wage,social security,medical treatment and disability allowance.The fourth part is to put forward the existing problems and relevant suggestions in terms of our country's workers' resettlement funds,workers' pooling funds and housing provident fund,so as to make our country's protection of bankrupt enterprise workers' creditor's rights more reasonable.