Can Employees Get Paid Wages In Bankruptcy If They Apply For Bankruptcy?

According to the provisions of the bankruptcy law:

Moreover, the thirty-second article of the bankruptcy law also stipulates clearly that the creditor's right of property secured before bankruptcy is declared, and the creditor has the right to give priority to the guarantee.

"However, according to the forty-fifth provision of the tax administration law," the taxpayers' Arrears of taxes occur before taxpayers set up their mortgages, pledge or property of taxpayers, and the tax shall be preceded by the execution of mortgage, pledge and lien.

"When the legal norms of the same rank conflict, according to" post method is superior to the first law "," the new law is better than the old law "applicable principle, therefore, for the occurrence of tax arrears before the setting of the security interest, the tax arrears should be prior to the creditors who have the security interest. After the tax payment is paid, the remainder of the compensation rights shall be compensated first, and the unliquidated claims will be converted into bankruptcy claims, which is incorporated into the third liquidation order of the bankrupt property.

If the tax is not enough to be paid, the second repayment order of the bankrupt property shall be discharged again.

The bankruptcy law of China stipulates that the order of repayment of bankrupt property is:

1, the debtor's arrears of wages and labor insurance costs;

2, the debtor should pay the unpaid tax in arrears.

3, creditors have bankrupt claims.

The wages payable and the "labor insurance premiums payable" are all unsecured claims, but the bankruptcy law is a narrow sense. The law of tax collection and administration has clearly stated that "except otherwise provided by law".

That is to say, the unsecured arrears before the bankruptcy declaration should be compensated first in addition to the employee's wages and labor insurance expenses.

If the liquidation income has not been paid after the payment of the liquidation, the wages of the workers and the cost of the labor insurance, it will no longer be recovered, and the taxpayer's tax obligation will be relieved from then on.