Enterprise bankruptcy laid-off workers retirement new policy

No preferential policies for laid-off workers in bankruptcy, laid-off workers and bankruptcy enterprises after the termination of the labor contract normal to the social security department for the insurance succession procedures, some enterprises will be bankruptcy resettlement of their own employees, but does not belong to the national preferential policies.

Employees of bankrupt state-owned enterprises, 111 capital structure pilot cities of bankrupt state-owned enterprises (except for the retirement of special types of work and the retirement of persons with total loss of labor capacity due to illness or disability not due to work), can retire five years earlier. Employees of resource-depleted bankrupt and closed enterprises, while enjoying the retirement policy for employees of bankrupt state-owned enterprises in 111 capital structure pilot cities, those who meet the conditions for retirement of special types of work can retire another five years earlier.

When laid-off workers enter the trusteeship of the re-employment service centers, the re-employment service centers will be responsible for paying the medical insurance premiums for them, and the laid-off workers will enjoy the corresponding medical insurance treatment. In areas where the reform of the medical insurance system has not been carried out, the re-employment service centers reimburse the basic medical expenses of the laid-off workers in accordance with the regulations. In order to meet the requirements of deepening the reform of state-owned enterprises, to facilitate the streaming and resettlement of laid-off workers in state-owned enterprises and to promote the reasonable mobility of the labor force, and to safeguard the basic medical care of laid-off workers. The relevant regulations stipulate that the basic medical insurance premiums for laid-off workers of state-owned enterprises, including unit contributions and individual contributions, shall be paid by the re-employment service centers on the basis of 60% of the average salary of local workers.

Legal basis:

The Labor Contract Law

Article 47 stipulates that the termination of the labor contract, the employer shall pay economic compensation to the workers. That is to say, even if the company has gone bankrupt, the corresponding compensation shall be paid to the workers, otherwise the workers can apply for labor arbitration or file a lawsuit to the court. The economic compensation is paid to the laborer according to the number of years the laborer has worked in the organization, and one month's salary is paid to the laborer for each full year. If more than six months is less than one year, it is calculated as one year; if less than six months is less than one year, the economic compensation is paid to the laborer at half a month's salary.

The State Council on the Interim Measures for the Retirement and Retirement of Workers

Article 3 Retirement Policy for Employees of Bankrupt State-Owned Enterprises: Employees of bankrupt and closed-down enterprises with depleted resources shall be entitled to enjoy the retirement policy for employees of bankrupt state-owned enterprises in the 111 pilot cities of the capital structure, and at the same time, those who are eligible to retire from their special types of work shall be allowed to retire five years earlier.