The boss has been in arrears for three months, and now the company is bankrupt. Can he get it back?

After the enterprise enters the bankruptcy procedure, employees are most concerned about whether the arrears of wages can be paid off. The hotline of Beijing Bankruptcy Court's foreign litigation service often receives such a phone call: "The enterprise owes me wages, and the boss says that he has applied to the court for bankruptcy. What about the salary you owe me? " The bankruptcy court in Beijing has tried several different cases. Lu is an employee of a medical device manufacturing enterprise. The enterprise owed Lu a salary of more than 760,000 yuan for two years. Later, according to the application of a creditor, the court ruled that the enterprise entered the bankruptcy reorganization procedure, and all the wages owed by Lu were paid off. Zhao Ceng is an employee of a science and technology enterprise. After the termination of labor relations with the enterprise, his salary of more than 70,000 yuan has not been paid.

After the court ruled that the enterprise entered the bankruptcy liquidation procedure according to the application, the bankruptcy administrator disposed of the remaining inventory of the enterprise according to law, and paid off the salary owed by Zhao with the price of selling the inventory1.7%; Dong and other 23 people are employees of an Internet company. After the company entered the bankruptcy liquidation procedure, the bankruptcy administrator identified the creditor's rights of 23 employees including Dong Mou through investigation. According to the administrator's application, the court decided to approve the property distribution plan determined by the administrator according to law, and the wages owed by 23 people including Dong Mou were paid off at 40%.

As can be seen from the above cases, enterprises need to give priority to paying employees' wages and other matters after entering bankruptcy proceedings. However, we must also see that the wages owed by employees may be recovered in full, or in a certain proportion, or even difficult to recover (for example, a bankrupt enterprise cannot make any distribution without any property). Then, whether wages can be returned and how much depends on the property status of bankrupt enterprises and whether employees actively advocate their rights and interests.

In the process of handling bankruptcy cases, if the court decides to accept the bankruptcy application, it will appoint a bankruptcy administrator according to law and issue an announcement on the acceptance of bankruptcy cases. According to the relevant provisions of the bankruptcy law, the wages, medical care, disability allowance and pension expenses owed by enterprises to employees should be included in the basic old-age insurance and basic medical insurance expenses of employees' personal accounts, as well as the compensation that should be paid to employees according to laws and administrative regulations, that is, the so-called employee's creditor's rights. Employees don't have to declare, and managers make a list for publicity after investigation.