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Labor Claims Research - From the perspective of Bankruptcy Law

Author: ZuoYuanYang
Tutor: ChenQingYun
School: Yunnan University of Finance
Course: Economic Law
Keywords: Labor Claims Bankruptcy Priority Workers' rights
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 161
Quote: 0
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Abstract

Bankruptcy exit the market as an important corporate legal rules in the legal system of China's socialist market economy occupies a pivotal position, it's there, is China's socialist market economic entities - enterprises out of the market area last rule. \The reason why bankruptcy law-making process more than ten years, mainly due to the interests of workers of bankrupt enterprises security issues. In order to make the real interests of workers of bankrupt enterprises to reasonable security, labor debt problem has become the important issues can not be avoided. Countries in the world have made claims for labor-related provisions of bankruptcy law although not directly regulate labor claims concept, but in the specific legal provisions, labor claims related issue is to be embodied. Labor claims as a safeguard important interests of enterprise employees, the fundamental debate in the academic community focused on its priority. Many countries have adopted laws and regulations of the labor claims priority, as there is no direct provision of national priority system, and not directly through legislation to determine the priority of labor claims, but also to varying degrees bankruptcy law reflects the priority of labor claims . Meanwhile, China's bankruptcy law has not acknowledged the full labor claims priority to a certain extent, the interests of labor claims priority to do the appropriate restrictions. For the workers of bankrupt enterprises, the creditor is able to successfully achieve labor, related to the business of the basic life and basic human rights guarantees results. This also relates to the social and public interest issues, because the smooth realization of labor claims, can guarantee a large proportion of the population of the community's working-class personal interests, but also to further improve the social security issues, in order to better stabilize the social order, to maintain normal social functioning. The labor claims priority if fully occupied, then the requirements of the market economic order, free and fair trade concept an impact. Because of the labor claims priority under the premise of complete set security interest claims can also be a smooth implementation will produce uncertain answers. Bankrupt may be in order to achieve labor claims and realize the collateral. This will damage the credibility of a security interest, resulting in damage to the interests of the security interest, to the detriment of the normal trading order. In this context, it should be the priority of labor claims reasonable requirement, both affirmed the effectiveness of its priorities, but also to a certain extent be limited. Bankruptcy law is adopted such an approach. As for the interests of workers of bankrupt enterprises reasonable protection, you should establish a sound social security system, the social security fund and other public capital is completed. This paper from the above aspects of the labor claims, especially claims the priority of labor analysis, taking contrast generalization, induction and deduction, analysis and synthesis methods such argumentation rationality of our law, and then propose further measures to improve in order to better safeguard the legitimate rights and interests. Protection of workers of bankrupt enterprises is a major social problem. When working with the secured creditor in the bankruptcy creditor cis position on settlement of conflict, legislators faced with two choices rule that secured creditors priority over labor claims or vice versa. The relationship between the two was described as \After the promulgation and implementation of bankruptcy law, claims for labor and security interests in insolvency proceedings in priority of payment problem still exists some controversy. This is a problem in-depth study, full protection of labor for the benefit of creditors, secured creditors of the bankrupt property interests, and the interests of people, safeguard social stability and security of transactions, bankruptcy law to promote the legislative process, have a positive meaning. There must be a market economy bankruptcy system, bankruptcy law for the market economy system has an extremely important role, especially for countries with an economy in transition, it has played a role in the Basic Law and the Constitution. For our current bankruptcy law bankruptcy debt repayment status of the labor provisions of the presence of its profound rational point. Labor claims the estate is entitled to priority allocation, which enjoys the status of priority, involving workers and ordinary creditors, secured creditors' interests. How to Determine the distribution of the estate's labor claims priority, how to balance the interests of workers and other creditors conflict, state-owned enterprises is not only highlight the difficulties faced bankruptcy restructuring, but in the future other corporate bankruptcy difficult problem. This paper examines the theoretical analysis and practice based on national legislation, combined with labor is closely related to other priority claims related systems, evaluated the success or failure of the current legislation, the focus of the \analysis of the labor claims priority, and finally made a number of recommendations. I believe that for future legislative activity and bankruptcy law practice are very meaningful.

Labor Claims Research - From the perspective of Bankruptcy Law

Abstract

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