With the increase in bankruptcy cases in recent years,the employment issues of retained employees in enterprises have gradually become prominent,and there are discrepancies in the judgment ideas of different courts.After a company is declared bankrupt,the termination of labor contracts has a certain correlation with the contracts that have not yet been fulfilled under bankruptcy law;for different retained subjects,the identification of labor relations after the declaration of bankruptcy should be based on the subject of labor contract termination,following the principle of specific analysis for specific issues,and adopting different handling methods for statutory retained personnel and designated retained personnel;disputes regarding the labor relations of retained personnel should still adhere to the principle of labor arbitration as a prerequisite.Bankrupt enterprises,their bankruptcy administrators,people's courts,and administrative agencies should pay attention to the issues of labor contract termination and the nature of work of retained personnel in bankruptcy cases.
关键词
破产企业/留守人员/劳动关系认定/追索职工报酬/劳动合同终止与解除
Key words
bankrupt enterprises/retained personnel/identification of labor relations/recovery of employee compensation/termination and dissolution of labor contracts
维普
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