析公司注销后的职工权益保护

Analysis On the Protection of Employees' Interests after the Cancellation of Companies

随着市场经济的深化,相关立法开始关注公司注销程序中股东、债权人以及职工权益的平衡保护。目前,职工权益保护的法律规定还不够细致和全面,公司注销后职工权益是否可以继续主张、得向谁主张等未有明确法律规定,导致实践中仍存在公司注销过程中未依法清偿职工债权,对工伤、孕妇等特殊职工权益保护不到位等情形。法律应当明确规定公司注销后职工债权清偿的责任主体,通过立法对特殊职工予以保护、完善民主决策程序、强化决策机构的法律责任。

As the market economy develops,the law aims to protect the rights of the shareholder,the creditor and the employee in a balanced way.At present,however,relevant laws are not elaborate and comprehensive enough,and there is not precise legislation to make sure staff continual claim after companies cancellation.Consequently,there arise some unsatisfactory cases.For example,in the process of the company cancellation,the company do not legally pay off the employee's rights;the rights and interests of special workers such as pregnant women and occupational injury at work are not comprehensively protected.There should be specific regulations concerning the subject of liability for the repayment of employees'claims after the company's cancellation.To cope with the problems mentioned above,lawmakers are supposed to protect the rights of special workers through legislation,improve the democratic decision-making process and strengthen the legal responsibility of the decision-making bodies.