Law4u - Made in India

What is the impact of bankruptcy & insolvency proceedings on the employees of the debtor company?

Answer By law4u team

Bankruptcy/insolvency proceedings can have a significant impact on the employees of the debtor company. Here are some of the key implications: Job Loss: In many cases, bankruptcy/insolvency proceedings lead to job losses as the company may not have sufficient funds to pay salaries or sustain the workforce. The employees may be laid off or terminated as a result. Delayed Salaries: If the company is unable to pay salaries on time, the employees may face financial difficulties and may have to resort to legal action to recover their dues. Reduction in Benefits: The company may be forced to cut back on employee benefits such as health insurance, retirement plans, or bonuses in order to conserve cash. Uncertainty: Bankruptcy/insolvency proceedings can create a great deal of uncertainty for employees, as they may not know whether their jobs are secure or whether they will receive their salaries or benefits. Impact on Reputation: The bankruptcy/insolvency of a company can damage its reputation and make it difficult for employees to find new jobs or advance their careers. However, it is important to note that the Insolvency and Bankruptcy Code (IBC) provides some protection to employees of the debtor company. Under the IBC, the resolution professional appointed to manage the affairs of the company during the insolvency process is required to take into account the interests of the employees and ensure that their rights and interests are protected. The IBC also provides for the payment of unpaid salaries and dues to employees as part of the resolution plan.

Answer By Anik

Dear Client, The effect of bankruptcy and insolvency proceedings on the employees of the defaulting company may be substantial, although the Insolvency and Bankruptcy Code (IBC), 2016) affords some safeguards. During the Corporate Insolvency Resolution Process (CIRP), the firm remains a going concern under a Resolution Professional (RP).Workers tend to keep working unless the RP orders otherwise. Ambiguity regarding salary payments and job security is the rule in this period. The dues of employees (unpaid wages, salaries, and other benefits) are considered operational debts under the IBC. During liquidation, their claims are governed by a particular order of priority. According to Section 53 of the IBC, workmen's dues for the last 24 months and unpaid employee dues (excluding workmen) up to 12 months are ranked immediately below secured creditors and above all other unsecured debts. If a resolution plan is sanctioned, it has to provide for employee dues. But these dues need not be paid entirely, particularly if the business entity does not have much assets. If the business entity enters into liquidation, a large number of employees could lose employment, though they can recover outstanding dues under the liquidation waterfall. In total, insolvency proceedings bring uncertainty to the employees about their continuity of job and recovery of wage, although the IBC does have a clear mechanism for determination of dues and payment prioritization. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Bankruptcy & Insolvency Verified Advocates

Get expert legal advice instantly.

Advocate Chanchal Kumar Rai

Advocate Chanchal Kumar Rai

Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Civil, Cyber Crime, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Landlord & Tenant, Media and Entertainment, Muslim Law, NCLT, RERA, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Ashutosh Gulati

Advocate Ashutosh Gulati

Anticipatory Bail, Civil, Divorce, High Court, Criminal, Cheque Bounce, Bankruptcy & Insolvency

Get Advice
Advocate Ajay Chawla

Advocate Ajay Chawla

Arbitration, Consumer Court, Civil, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Bankruptcy & Insolvency, Domestic Violence, Documentation, Court Marriage, Corporate, Family, NCLT, Trademark & Copyright, Wills Trusts, Revenue, Patent, Property, Recovery, Succession Certificate, Medical Negligence, Landlord & Tenant, Labour & Service, Insurance, Cyber Crime, Divorce, Criminal

Get Advice
Advocate Santosh Kumar Dash

Advocate Santosh Kumar Dash

Cyber Crime, International Law, Media and Entertainment, R.T.I, Startup, Patent, Property, Trademark & Copyright, Tax, Labour & Service, Immigration, GST, Customs & Central Excise, Corporate, Civil, Consumer Court, Banking & Finance, Anticipatory Bail, Bankruptcy & Insolvency, Cheque Bounce, Court Marriage, Criminal, High Court, Family, Insurance, Landlord & Tenant, Revenue, Wills Trusts

Get Advice
Advocate Bharat R Waghmare

Advocate Bharat R Waghmare

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Aniket Suryakant Pawar

Advocate Aniket Suryakant Pawar

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, NCLT, Patent, Property, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Arbitration, Corporate, Documentation, Tax, Revenue, Supreme Court, Banking & Finance

Get Advice
Advocate Ratnesh Gupta

Advocate Ratnesh Gupta

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Motor Accident, Muslim Law, R.T.I, Supreme Court, Civil, Consumer Court, Landlord & Tenant, Property

Get Advice
Advocate Yennuthula V Phaneendra

Advocate Yennuthula V Phaneendra

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Deepak Paswan

Advocate Deepak Paswan

Civil, Consumer Court, Cheque Bounce, Criminal, Corporate, Court Marriage, Divorce, Family, Domestic Violence, High Court, Motor Accident, Breach of Contract, Customs & Central Excise, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Arbitration, Cyber Crime, Insurance, Documentation, Trademark & Copyright, Patent, Property, Wills Trusts, Revenue, R.T.I, Labour & Service, Landlord & Tenant

Get Advice
Advocate Gurpreet Singh

Advocate Gurpreet Singh

Arbitration, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, High Court, Media and Entertainment, Property, Recovery, Supreme Court, Child Custody, Divorce, Domestic Violence, Family, International Law, Muslim Law, Motor Accident, Wills Trusts, Bankruptcy & Insolvency

Get Advice

Bankruptcy & Insolvency Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.