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What about the social security owed by the bankruptcy of the company?
When and by whom should the social insurance premiums of workers be paid after the bankruptcy of enterprises leads to the failure to perform the labor contract and the legal effect is terminated? The Reply of the Supreme People's Court on Paying All Social Insurance Co-ordination Fees after the Bankruptcy of Enterprises with Social Insurance clearly stipulates that the unpaid social insurance co-ordination fees shall be paid to the date when the people's court decides to declare bankruptcy. Specific expenses shall be implemented in accordance with the relevant provisions of the bankruptcy law, and priority shall be given to paying off from the bankrupt property of the enterprise, including the economic compensation that the employer shall pay to the workers due to the termination of the labor contract. Article 113 of the Enterprise Bankruptcy Law of the People's Republic of China, after the bankruptcy expenses and common interest debts are paid off first, they shall be paid off in the following order: (1) The wages, medical care, disability allowance and pension expenses owed by the bankrupt to the employees are transferred to the basic old-age insurance and basic medical insurance expenses of the employees' personal accounts, and the bankruptcy property stipulated by laws and administrative regulations is insufficient to pay off the employees' wages. (2) The bankrupt's salary, medical care, disability allowance and endowment insurance expenses are distributed in the same order.
Legal objectivity:
Article 11 of the Enterprise Bankruptcy Law of the People's Republic of China, if the people's court accepts the bankruptcy application, it shall serve it on the applicant within five days from the date of making the ruling. If the creditor makes an application, the people's court shall serve it on the debtor within five days from the date of making the ruling. The debtor shall submit to the people's court a statement of property status, a list of debts, a list of creditor's rights, relevant financial and accounting reports, and the payment of employees' wages and social insurance premiums within 15 days from the date of service of the ruling. Article 43 Bankruptcy expenses and ordinary debts shall be paid off with the debtor's property at any time. If the debtor's property is insufficient to pay off all bankruptcy expenses and joint debts, the bankruptcy expenses shall be paid off first. If the debtor's property is insufficient to pay off all bankruptcy expenses or joint debts, it shall be paid off in proportion. If the debtor's property is insufficient to pay off the bankruptcy expenses, the administrator shall request the people's court to terminate the bankruptcy proceedings. The people's court shall, within 15 days from the date of receiving the request, make a ruling to terminate the bankruptcy proceedings and make an announcement.
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