How to deal with social security and wages when the company closes down?

If employees are paid first after the company goes bankrupt, social security can be paid as flexible employees. Then the company needs to pay off the company's property after bankruptcy, so the employee's salary is given priority in bankruptcy liquidation. If the employer fails to pay wages in time, it can also defend its rights through labor arbitration.

First, how to deal with social security and wages when the company closes down?

1, how to deal with salary?

After the company goes bankrupt, employees' wages will be paid in priority in the income from asset disposal in bankruptcy liquidation. After paying off the bankruptcy expenses and debts first, the bankruptcy property shall be paid off in the following order:

(1) Wages, medical care, disability allowance and pension expenses owed by the bankrupt to employees, basic old-age insurance and basic medical insurance expenses owed to employees' personal accounts, and compensation that should be paid to employees according to laws and administrative regulations;

(2) Social insurance premiums and taxes owed by the bankrupt other than those specified in the preceding paragraph;

(3) Ordinary bankruptcy claims.

If the bankruptcy property is insufficient to pay off the repayment requirements in the same order, it shall be distributed in proportion.

The wages of directors, supervisors and senior managers of bankrupt enterprises shall be calculated according to the average wages of employees of the enterprise.

2. How to deal with social security?

After the bankruptcy of the company, the social security of the employees of the company can be paid as flexible employees.

(1) According to the regulations, the payment of flexible employees shall be selected by the applicant, or shall be made by the bankruptcy liquidation group with the consent of the workers' congress at the end of bankruptcy liquidation.

(2) Due to the centralized bankruptcy of state-owned enterprises in this county, there are many unemployed people, the accumulation of unemployment benefits is small, and financial difficulties make it impossible for all unemployed people to enjoy unemployment benefits in time, so the county government decided to enjoy them by stages. Those who have not received unemployment benefits will not be able to enjoy unemployment benefits after re-employment

(3) Flexible employees should pay the fees in time, and may not pay them back in the next year. In April this year, Luoyang Municipal Bureau of Human Resources and Social Security paid in full and on time to regulate flexible employees. Those who paid in the past were still paid according to their original units, and they were paid according to flexible employment after changing to flexible employment.

2. Can I get unemployment benefits after the company goes bankrupt?

If an enterprise fails to find employment in time after bankruptcy and fails to apply for self-employment, those who meet the conditions of enjoying unemployment insurance benefits can enjoy unemployment insurance benefits according to law. After the bankruptcy of an enterprise, its original employees can be divided into three situations:

First, some employees find new jobs in time before or after the bankruptcy of the enterprise and realize re-employment. These people can't enjoy unemployment insurance benefits;

Second, when state-owned enterprises go bankrupt, some employees apply for self-employment, no longer retain the status of state-owned enterprise employees, and give this person a one-time resettlement fee, so they can no longer enjoy unemployment insurance benefits;

Third, only after the bankruptcy of the enterprise, those who have neither re-employed in time nor applied for self-employment and who meet the conditions of enjoying unemployment insurance benefits can enjoy unemployment insurance benefits according to law.

In recent years, more and more enterprises will be established, so there will also be poor management in the process of enterprise management. If there is an emergency such as bankruptcy, it is necessary to liquidate the enterprise and pay off the debts owed by the enterprise and the labor remuneration of the employees in order to go through the bankruptcy procedures legally.