Law4u - Made in India

What Happens To Employees' Dues During Liquidation?

Answer By law4u team

Employees are critical stakeholders in a company’s liquidation process. The Insolvency and Bankruptcy Code (IBC) accords special priority to employee dues, recognizing the need to protect workers' wages and dues during the insolvency resolution and liquidation.

Treatment of Employees’ Dues During Liquidation

Priority of Workmen’s Dues:

Wages and dues payable to workmen for the 24 months preceding the liquidation commencement date are given high priority and must be paid before unsecured creditors.

Definition of Workmen:

Workmen generally include employees engaged in manual, supervisory, or clerical work as defined under labor laws, but specific definitions may vary.

Operational Creditors and Other Employees:

Other employees not classified as workmen fall under operational creditors and are paid after secured and financial creditors.

Inclusion in Liquidation Estate:

All employee dues become part of the liquidation estate managed by the liquidator.

Verification of Claims:

Employees submit claims to the liquidator, who verifies and admits these claims for payment.

Timely Payment:

Liquidators ensure payment of admitted dues from the realized assets as early as possible in the liquidation process.

Legal Protection:

The IBC and related labor laws provide safeguards to employees ensuring dues are cleared promptly and their rights protected.

Important Points:

  • Employee dues up to 24 months before liquidation get priority over most creditors.
  • Operational creditors include some employees not classified as workmen.
  • Employees must file claims for dues during liquidation.
  • Payment to employees helps maintain morale and protects workers’ interests.

Example:

XYZ Ltd. goes into liquidation. The liquidator receives wage claims from the company’s workmen amounting to ₹2 crores for the last 24 months. These claims are admitted and prioritized for payment before unsecured creditors. The liquidator pays these dues from the asset realization before distributing funds to other creditors.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Arun Pratap Verma

Advocate Arun Pratap Verma

Civil, Consumer Court, Court Marriage, Criminal, High Court

Get Advice
Advocate Ashwatha Narayana V

Advocate Ashwatha Narayana V

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Supreme Court, Revenue

Get Advice
Advocate Alageswaran Rk

Advocate Alageswaran Rk

Anticipatory Bail, Banking & Finance, Cheque Bounce, Civil, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Motor Accident, Property, R.T.I, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Sandhya Rani Pothana

Advocate Sandhya Rani Pothana

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family

Get Advice
Advocate Sushil Kumar Tiwari

Advocate Sushil Kumar Tiwari

Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Cyber Crime, Criminal, Court Marriage, NCLT, Recovery, Medical Negligence, Landlord & Tenant, Labour & Service, Supreme Court, Succession Certificate

Get Advice
Advocate Murali Krishnan

Advocate Murali Krishnan

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Cheque Bounce,Child Custody,Civil,Consumer Court,Customs & Central Excise,Criminal,Divorce,Domestic Violence,Family,High Court,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Muslim Law,Succession Certificate,Supreme Court

Get Advice
Advocate Aavran Agarwal Shresth Joint Secretary The Bar Association & Library Moradabad

Advocate Aavran Agarwal Shresth Joint Secretary The Bar Association & Library Moradabad

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, Domestic Violence, Family, High Court, Immigration, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, R.T.I, RERA, Succession Certificate, Wills Trusts

Get Advice
Advocate Anil Kumar Malik

Advocate Anil Kumar Malik

Cheque Bounce, Criminal, Domestic Violence, Family, Motor Accident

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.