During the epidemic, the correct way for employees of bankrupt and reorganized enterprises to raise objections to employee claims
Time:
2020-04-01
Author:
Huang Wei Lian
Source:
Guangxi Tongwang Law Firm
Visits:
652
In recent years, corporate bankruptcy business has shown an upward trend in lawyer business. Doing a good job in corporate bankruptcy business by law firms is not only related to the vital interests of creditors and debtors, but also to the stability of the entire society. Among all kinds of claims in corporate bankruptcy business, the order of payment of employee claims is legally a claim that is prioritized after bankruptcy expenses and common benefit debts. Currently, the prevention and control of the novel coronavirus pneumonia epidemic has entered the stage of resumption of work and production in enterprises and institutions, and bankruptcy reorganization enterprises that meet the conditions for resumption of work and production have begun to resume work and production. Sorting out and handling employee claims is conducive to the orderly advancement of the corporate bankruptcy reorganization process. This article provides assistance on how employees of bankruptcy reorganization enterprises in the resumption of work and production stage can exercise their rights over disputed employee claims.
Q1. When can employees of bankruptcy reorganization enterprises raise objections to employee claims?
Answer: According to Article 48 of the "Enterprise Bankruptcy Law of the People's Republic of China", employee claims of bankruptcy reorganization enterprises do not need to be declared by employees. The administrator will investigate the employee claims, list them, and make them public. If employees have objections to the employee claims recorded in the list published by the administrator, they can raise objections to the administrator from the date of publication.
Q2. What method should employees of bankruptcy reorganization enterprises use to raise objections to the employee claims recorded in the list published by the administrator?
Answer: There are no specific legal provisions regarding the method for employees of bankruptcy reorganization enterprises to raise objections to the employee claims recorded in the list published by the administrator. It is acceptable to raise objections to the administrator orally or in writing. In order to facilitate the administrator's review of the objections raised by employees, the administrator will generally require the employees who raise objections to submit written objection materials, including but not limited to explanations of reasons and legal basis, and provision of relevant supporting materials.
Q3. If the administrator does not make corrections after the employees of the bankruptcy reorganization enterprise raise objections to the employee claims recorded in the list published by the administrator, which court can they sue in?
Answer: According to Article 21 of the "Enterprise Bankruptcy Law of the People's Republic of China" regarding "After the people's court accepts the bankruptcy application, civil lawsuits related to the debtor can only be filed with the people's court that accepted the bankruptcy application" and Article 48, if the administrator does not make corrections after the employees of the bankruptcy reorganization enterprise raise objections to the employee claims recorded in the list published by the administrator, they can file a lawsuit with the people's court that accepted the bankruptcy application.
Q4. Can employees of bankruptcy reorganization enterprises raise objections after signing to confirm their employee claims recorded in the list published by the administrator?
Answer: There are no specific provisions in the Enterprise Bankruptcy Law regarding the issue of whether employees of bankruptcy reorganization enterprises can raise objections after signing to confirm their employee claims recorded in the list published by the administrator. If an employee signs to confirm their employee claims recorded in the list published by the administrator and then discovers that the confirmed amount of their employee claims is a clerical error or believes that there is evidence to prove that the confirmed amount does not match the actual amount of employee claims, they can raise an objection to the administrator and request the administrator to make corrections.
Q5. Regarding the issue in Q4, if the administrator does not make corrections after the employees of the bankruptcy reorganization enterprise raise objections to the administrator and request corrections, should the employee file for labor dispute arbitration or file a lawsuit with the people's court?
Answer: If an employee has an objection to their employee claims that have been signed and confirmed, and the administrator does not make corrections after the objection is raised to the administrator, it falls under the circumstances stipulated in Article 48 of the "Enterprise Bankruptcy Law of the People's Republic of China" where a lawsuit can be filed with the people's court, and a lawsuit can be filed with the people's court that accepted the bankruptcy application.
Appendix: Legal Basis
"Enterprise Bankruptcy Law of the People's Republic of China"
Article 21: After a people's court accepts a bankruptcy application, civil lawsuits concerning the debtor can only be filed with the people's court that accepted the bankruptcy application. Article 48: Creditors shall declare their claims to the administrator within the time limit for claim declaration determined by the people's court. Wages, medical expenses, disability subsidies, and funeral expenses owed to employees by the debtor, basic pension insurance and basic medical insurance expenses owed that should be transferred to the employee's individual account, and compensation that should be paid to employees as stipulated by laws and administrative regulations need not be declared, and the administrator shall investigate and list them and make a public announcement. If an employee has an objection to the information recorded in the list, they may request the administrator to make a correction; if the administrator refuses to make a correction, the employee may file a lawsuit with the people's court.
《Provisions of the Supreme People's Court on Several Issues Concerning the Application of the "Enterprise Bankruptcy Law of the People's Republic of China" (III)》
Article 8: If a debtor or creditor has an objection to the claim recorded in the statement of claims, they shall explain the reasons and legal basis. If the objector is still not satisfied after the administrator's explanation or adjustment, or if the administrator does not provide an explanation or adjustment, the objector shall file a lawsuit with the people's court to confirm the claim within fifteen days after the end of the creditors' meeting verification. If the parties have entered into an arbitration clause or arbitration agreement before the acceptance of the bankruptcy application, they shall apply to the selected arbitration institution for confirmation of the creditor-debtor relationship.
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