What about bankruptcy liquidation and social security?

How to deal with social security when the company goes bankrupt and liquidates is as follows:

1. Before the company goes bankrupt and liquidates, it needs to go to the local social security bureau to go through the formalities of stopping payment. Only when the social security of the on-the-job employees is in a state of suspension can it be transferred in the future. If the enterprise does not go through the formalities of stopping payment before bankruptcy, then this situation is more difficult, and it is in a state of default, and it needs to be paid in the name of the company before it can be transferred out or paid. In this case, we can only handle the transfer procedures through the special procedures of the local social security bureau.

2. The company needs to pay social insurance for its employees. After the enterprise goes bankrupt, the social insurance of its employees can be paid as flexible employees. Flexible employment payment shall be applied by myself according to the regulations, and may also be paid by the bankruptcy liquidation group after the consent of the workers' congress. Flexible employees should pay in time, and it is not allowed to pay the arrears across the year. In addition, 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.

What is social security?

Social security, that is, social insurance, refers to the income or compensation guarantee provided for those who are unable to work, temporarily unemployed or suffer losses due to health reasons. The main items of social security include endowment insurance, maternity insurance, unemployment insurance, medical insurance and industrial injury insurance.

Among them, the basic guarantee of old-age insurance includes receiving pension, funeral expenses and pension expenses after retirement, the basic guarantee of medical insurance includes reimbursing medical expenses after retirement and enjoying medical insurance benefits, the basic guarantee of unemployment insurance includes receiving unemployment insurance benefits and medical subsidies after unemployment, the basic guarantee of maternity insurance includes receiving maternity leave, maternity allowance and maternity grants, and the basic guarantee of work-related injury insurance includes paying work-related injury treatment expenses, living care expenses and disability allowance.

To sum up, the company should go to the social insurance agency to cancel the social insurance registration within 30 days from the date of bankruptcy. Where the social insurance registration items of the employing unit are changed or the employing unit is terminated according to law, it shall, within 30 days from the date of change or termination, go to the social insurance agency to handle the change or cancellation of social insurance registration.

Legal basis:

Article 1 13 of the Enterprise Bankruptcy Law of the People's Republic of China

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.