The Bankruptcy Of Labor Claims Priority To Exercise And Restrictions

Priority should be assigned in the bankruptcy enterprise arising from thedeclaration of bankruptcy of the labor relations of the creditor’s rights, which we callthe labour rights, labour rights is a matter of whether workers the right to life, itscontent mainly includes: salary, wage and salary workers by Enterprise BankruptcyRescission of the labor contract law shall pay the social insurance the cost ofeconomic compensation, workers of enterprises in arrears. Labor creditor’s rights as aright, directly related to the workers in the social life the most basic survival needs,reflects the social attribute, is the freedom of contract performance, is also the nationalintervention results, vulnerable to the secured claim in bankruptcy liquidation inrejection, and the essence of labor claims is the requirement of state protection andhelp for the weak. Therefore, it needs to balance the creditors, the debtor countriesand other stakeholders on the basis of interest, fairness and benefit, and its rise to theheight of legislation, reflected fully in the legislation, clear the labor claims for legal,so as to make the enterprise bankruptcy liquidation is operational, avoid blind.In August27,2006, the National People’s Congress passed the "enterprisebankruptcy law of the people’s Republic of China","an important legal insolvencylaw" as the business out of the market, occupy the position play a decisive role in thelegal system of our country socialist market economy, is the last guarantee businessout of the market area. When an enterprise goes bankrupt, how to realize the fairsettlement of all the creditors on the debtor to the creditor, the labor to realize theirlegitimate interests, the law how to embody the fairness, balance. These problems areand urgent problem to exist in practice.Based on the analysis of the current bankruptcy law of view, expounds thenecessity, the protection of labor rights of the bankrupt enterprise rationality, priorityand restriction, on this basis, put forward the current bankruptcy law in the lawenforcement process in some practical difficulties and problems, and puts forwardsome simple suggestions.