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How to compensate employees for work-related injuries when a unit goes bankrupt?
The standard of compensation is: one month (average monthly salary) for one year's work and ten months for ten years' work. According to the Company Law, Enterprise Bankruptcy Law and other relevant laws and regulations, after the company goes bankrupt, the bankrupt property will first compensate the employees for their due income after giving priority to paying off the bankruptcy expenses and public welfare debts. Payment order: employee's salary, medical treatment, disability allowance and welfare expenses, basic old-age insurance, medical insurance expenses that should be included in employee's personal account, and compensation that should be paid to employees according to laws and administrative regulations. (The compensation is calculated according to the calculation length: one month's salary for one year, one month's salary for less than one year and six months, and one month's salary for less than six and a half months). If the bankruptcy property is insufficient to pay off the same order, it shall be distributed in proportion. According to the relevant laws and regulations, if the laborer can prove that the time promised by the employer is the specific date after the dissolution or termination of the labor relationship, the date promised by the employer is the date when the labor dispute occurs. If the laborer can't prove it, the date of dissolution or termination of the labor relationship is the date when the labor dispute occurs. Legal basis: Article 47 of the Labor Contract Law of People's Republic of China (PRC) stipulates that economic compensation shall be paid to the workers according to the standard of one month's salary for each year of working in this unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
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