如果雇主破产，会不会连裁员费都拿不到？

ninamm

有这种先例吗？谢谢

北风

一般不会，剩下的钱除了交律师费，第二顺位就是员工的欠款

garysu

If your employer has gone, or is likely to go, into
receivership, liquidation or bankruptcy, it may be
difficult to obtain all your entitlements upon
redundancy including notice, severance pay (if
eligible) and accrued leave.

If your employer’s company is in receivership it
may still have the capacity to trade its way out of
financial trouble.
If your employer’s company has gone into
liquidation (commonly referred to as being
‘wound up’) then it ceases trading and a liquidator
is appointed. The liquidator’s role is essentially to
realise any remaining company assets and pay
any outstanding debts to creditors. Often the
liquidator will find that the company’s financial
position is such that there are not enough assets
to cover the debts owed to creditors (including
employees).
Whether you as an employee should be paid
ahead of other creditors (ie, people who are owed
entitlements) can be a complex issue to resolve.
It is advisable to get legal or union advice as soon
as possible in relation to your entitlements.
Where your employer is not a company but is a
partnership or individual that gets into financial
trouble, the outcome may be that they become
bankrupt. In practical terms bankruptcy is similar
to liquidation of a company. However, instead of
a liquidator being appointed, a trustee will be
appointed to realise assets of the employer and
distribute them to creditors.
It is very important that you find out the name of
the receiver, liquidator or trustee in bankruptcy
who has been appointed to administer the affairs
of your employer. You do have some rights. You
should ensure that you are listed as a creditor (ie,
a person who is owed entitlements) with the
receiver, liquidator or trustee. You will have to
provide proof of debt i.e. the basis of your
entitlements

休

有先例,对小公司很多见.财产给转移了,剩下的不够发工资.

铁马冰河

原帖由 北风 于 2009-1-8 09:22 发表
一般不会，剩下的钱除了交律师费，第二顺位就是员工的欠款

律师费肯定不会欠，员工的欠款就难说了。