Research On Protection Of Employees' Rights And Interests In Enterprise Bankruptcy Proceedings

In the enterprise bankruptcy,the worker has a dual identity of creditors and employees.After the promulgation of the bankruptcy law,many studies on the rights and interests of employees in bankrupt enterprises are limited to the rights and interests of employees as creditors,while few comprehensive studies have been carried out on the rights and interests of employees as ordinary employees in bankruptcy.At the same time,there are few international comparative studies on the rights and interests of employees in bankrupt enterprises.Through a large number of literature reading,the author found that the current protection of the rights and interests of workers in bankrupt enterprises in China has the following three shortcomings: 1.2.Lack of wage security system;3.The supporting social assistance system is not perfect.Foreign countries and Hong Kong,where the market economy is more developed,have a long history of paying attention to the rights and interests of employees of bankrupt enterprises,and have legislated to protect them long ago.At first,the priority of employee's creditor's rights was stipulated in the bankruptcy law.Later,the system was gradually replaced by the wage arrears security system.In addition,the author finds that western countries have formulated different social assistance systems according to their own economy and culture.This paper tries to put forward some institutional suggestions on protecting the rights and interests of employees of bankrupt enterprises in China by means of comparative study and literature study and referring to the experience of protecting the rights and interests of employees of bankrupt enterprises in foreign countries and Hong Kong.On the basis of drawing lessons from foreign experience,the authorpoints out that the current protection system of workers' rights and interests in bankrupt enterprises in China needs to be improved from the following three aspects: 1.defining the scope of workers' priority to be repaid,and investigating the responsibility of shareholders of malicious bankrupt enterprises;2.synthetically imitating the system of wage arrears in Britain and Hong Kong,establishing a special institution for repaying workers' creditors' rights;3.We should relax the restrictions on the examination of unemployment relief,carry out vocational training for unemployed people,and provide various relief in terms of workers' labor skills and economy.In the past several years,there have been some studies in the field of workers' rights and interests protection system in the literature.The innovation of this paper lies in that,on the basis of previous studies,the author compares the scope of the countries far beyond the previous literature.Therefore,the reference basis of the author's suggestions in the end of this paper is more solid and convincing.