According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (II), if the laborer can prove that the time promised by the employer is the specific date after the dissolution or termination of labor relations, the date promised by the employer is the date when the labor dispute occurs. If the laborer can't prove it, the date of dissolution or termination of the labor relationship is the date when the labor dispute occurs. When a company goes bankrupt, the bankruptcy property will first compensate employees for their due income after paying off bankruptcy expenses and public welfare debts.
Legal basis: People's Republic of China (PRC) Labor Law.
Article 73 Laborers shall enjoy social insurance benefits according to law under the following circumstances:
(1) Retirement;
(2) Being sick or injured;
(3) Being disabled at work or suffering from occupational diseases;
(4) unemployment;
(5) bearing.
After the death of an employee, his survivors shall enjoy the survivors' allowance according to law.
The conditions and standards for workers to enjoy social insurance benefits shall be stipulated by laws and regulations.
Social insurance premiums enjoyed by workers must be paid in full and on time.
Seventy-fourth social insurance fund agencies shall manage and operate social insurance funds according to law, and be responsible for maintaining and increasing the value of social insurance funds.
Social insurance fund supervision institutions shall supervise the income and expenditure, management and operation of social insurance funds according to law.
The establishment and responsibilities of social insurance fund handling institutions and social insurance fund supervision institutions shall be prescribed by law.
No organization or individual may misappropriate social insurance funds.
Article 75 The State encourages employers to establish supplementary insurance for workers according to actual conditions.
The state encourages self-employed workers to participate in savings insurance.
Article 76 The state develops social welfare undertakings and builds public welfare facilities to provide conditions for laborers to rest, recuperate and recuperate.
The employing unit shall create conditions to improve the collective welfare and the welfare treatment of workers.