The restaurant suddenly closed without advance notice, is there a subsidy according to the labor law

Updated on Restaurant 2024-03-26
2 answers
  1. Anonymous users2024-01-23

    1. If the unit goes bankrupt and goes bankrupt, it shall be liquidated, and the remaining assets after liquidation shall first be used to pay employees' wages and compensation.

    2. Article 113 of the Enterprise Bankruptcy Law The bankruptcy estate shall be repaid in the following order after giving priority to the repayment of bankruptcy expenses and common debts:

    1) The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal accounts of the employees, and the compensation that shall be paid to the employees according to laws and administrative regulations;

    2) the social insurance premiums owed by the bankrupt person other than those provided for in the preceding paragraph and the taxes owed by the bankrupt person;

    3) Ordinary bankruptcy creditor's rights.

    If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately.

    The salaries of directors, supervisors and senior managers of a bankrupt enterprise shall be calculated on the basis of the average wages of the employees of the enterprise.

    Article 46 of the Labor Contract Law shall pay economic compensation to the employee under any of the following circumstances:

    1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

    2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

    3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

    4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

    5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

    6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; [1]

    7) Other circumstances provided for by laws and administrative regulations.

    Article 44 The labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations.

  2. Anonymous users2024-01-22

    The employer shall pay the worker severance according to the number of years he has worked in the employer, one month's salary for each full year, half a month's salary for less than half a year, and one month's salary for half a year and less than one year.

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