Can the company be laid off when it goes bankrupt?

The bankruptcy and reorganization of the company can lay off employees. If it is necessary to lay off more than 20 employees or less than 20 employees for rectification in accordance with the provisions of the Enterprise Bankruptcy Law, but it accounts for more than 10% of the total number of employees in the enterprise, the employer may lay off employees after explaining the situation to the trade union or all employees 30 days in advance and listening to the opinions of the trade union or employees. Article 41 of the Labor Contract Law stipulates that if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees and reporting to the labor administrative department, it may lay off employees: (1) carry out rectification in accordance with the provisions of the enterprise bankruptcy law; (two) serious difficulties in production and operation; (three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract; (4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract. When downsizing, priority should be given to retaining the following personnel: (1) concluding a long-term fixed-term labor contract with the unit; (2) Concluding an open-ended labor contract with the unit; (3) there are no other employees in the family, and there are elderly people or minors who need to support them. If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.