企业破产与劳动者权益的保护

传统上,对于破产企业的财产,劳动者的债权优先受偿,但劳动者债权的保护,并不仅仅是在《破产法》中作出优先顺序的规定那么简单。劳动者的债权在破产财产中优先受偿是劳动者权益在企业破产过程中得到保护的一个有效途径,但是这种优先的权利同样需要受到限制。劳动者在企业破产过程中享有参与权。随着社会经济发展和社会保障制度的完善,破产企业劳动者权益的保护出现了社会化趋势。

Enterprise's Bankruptcy and the Protection of the Employee's Rights

Traditionally, during the enterprise's bankruptcy the rule is that the wage and social security fee of the employees should be paid before the other debts. But how to protect the employee's rights is not so simple. It is good to give priority to the wage and social security fee of the employees in order to protect their rights during the enterprise's bankruptcy, but the priority should be limited. The employees should have the right of participation in the bankruptcy procedure. With the social and economic development and the improvement of the social security system, the protection of the rights of the employees in the bankrupt enterprises become gradually socialized.