How to sue a company's bankruptcy labor dispute cannot be directly brought to court, and it needs to go through the pre-procedure of labor arbitration. Apply for labor arbitration: 1. Apply for labor arbitration at the Labor Dispute Arbitration Committee of the local Human Resources and Social Security Bureau (formerly the Labor Bureau). When filing a case, you must bring: two arbitration applications and a copy of the applicant's ID card 1 copy; Copies of relevant evidence and 2 copies of evidence list; Industrial and commercial registration information of the employer (registration information is not required in Beijing). 2. After submitting the materials, the Arbitration Commission shall file a case within 5 working days, and then give both parties a period of proof and a period of defense; Then the court will open, and then mediate between you two. If mediation fails, the Arbitration Commission shall issue an award. Labor arbitration shall be closed within 60 days; If the employee refuses to accept the ruling, he can bring a lawsuit to the court; 3. During the application for labor arbitration, the laborer shall not delay to work in the new unit. If you encounter some problems in this process and can't judge right or wrong, when you need the help of a lawyer, you can come to a professional lawyer online for one-on-one consultation.
Legal objectivity:
Enterprise Bankruptcy Law of the People's Republic of China
Article 116
After the bankruptcy property distribution plan is approved by the people's court, it shall be implemented by the administrator.
If the administrator implements multiple distributions according to the bankruptcy property distribution plan, it shall announce the amount of property and creditor's rights distributed this time. Where the administrator implements the final distribution, it shall indicate it in the announcement and specify the matters specified in the second paragraph of Article 117 of this Law.
Enterprise Bankruptcy Law of the People's Republic of China
Article 120
If the bankrupt has no property to distribute, the administrator shall request the people's court to make a ruling to terminate the bankruptcy proceedings.
After the final distribution is completed, the administrator shall promptly submit a report on the distribution of bankruptcy property to the people's court and request the people's court to make a ruling to terminate the bankruptcy proceedings.
The people's court shall, within fifteen days from the date of receiving the request of the administrator to terminate the bankruptcy proceedings, make a ruling on whether to terminate the bankruptcy proceedings. If the ruling is terminated, it shall be announced.
People's Republic of China (PRC) labor contract law
Article 50
The employing unit shall issue a certificate of dissolution or termination of the labor contract at the time of dissolution or termination, and go through the formalities for the transfer of files and social insurance relations for the workers within 15 days.
Laborers shall handle the work handover according to the agreement of both parties. If the employing unit should pay economic compensation to the workers in accordance with the relevant provisions of this law, it should pay it when the work handover is completed.
The employing unit shall keep the text of the dissolved or terminated labor contract for at least two years for future reference.