How to settle employee compensation for the company's bankruptcy. The answer to this question is as follows. The standard of compensation is: one month's compensation (average monthly salary) for those who have worked for one year, and ten months' compensation if they have worked for ten years.
According to the Company Law, the Enterprise Bankruptcy Law and other relevant laws and regulations, after the bankruptcy of the company, the bankruptcy property first compensates the employees' income after paying off the bankruptcy expenses and public debt. Payment order:
The wages, medical treatment, disability subsidies and pension expenses of employees shall be transferred into the basic endowment insurance and medical insurance expenses of the employees' personal accounts, as well as the compensation payable to employees according to laws and administrative regulations. (The compensation shall be calculated according to the length of service: one month's salary shall be paid for a full year, one month's salary shall be calculated for more than six months less than a year, and half month's salary shall be calculated for less than six months). If the bankruptcy property is not enough to pay off the same order, it shall be distributed proportionally. According to relevant laws and regulations, if the employee can prove that the time promised by the employer to pay wages, economic compensation, welfare and other disputes arising after the dissolution or termination of labor relations is the specific date after the dissolution or termination of labor relations, the date promised by the employer to pay is the date of labor disputes. If the laborer cannot prove it, the date on which the labor relationship is dissolved or terminated shall be the date on which the labor dispute occurs.
Article 47 of the Labor Contract Law of the People's Republic of China
The economic compensation shall be paid to the workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If it has been more than six months but less than one year, it shall be calculated as one year but less than six months, and it shall pay half a month's salary to the worker as economic compensation. If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years. The monthly wage mentioned in this article refers to the average wage of the laborer for the twelve months prior to the dissolution or termination of the labor contract.