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发表于 11-2-2015 12:20 AM
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@ya4dang1
LZ 老板的公司应该已收盘，被接管，正式进入法律程序。。。
LZ，不好意思和很遗憾地说。。。
LZ 应该在公司还没被接管，没进入法律程序前，尽量用任何途径和方法讨回被欠薪金啊！
公司如果被接管，公司资产被拍卖和剩下的钱，得先偿还有担保债权人 (Secured creditors)（如果有的话），再轮到优先债权人 (Preferred creditors) 等等。。。
而被欠薪金是优先债权人的第二位，排在那些吸X清盘师和核数师之后。。。
公司法条律如下。。。
Companies Act (Cap 50)
328.—(1) Subject to the provisions of this Act, in a winding up there shall be paid in priority to all other unsecured debts —
(a) firstly, the costs and expenses of the winding up including the taxed costs of the applicant for the winding up order payable under section 256, the remuneration of the liquidator and the costs of any audit carried out pursuant to section 317;
(b) secondly, subject to subsection (2), all wages or salary (whether or not earned wholly or in part by way of commission) including any amount payable by way of allowance or reimbursement under any contract of employment or award or agreement regulating conditions of employment of any employee;
(c) thirdly, subject to subsection (2), the amount due to an employee as a retrenchment benefit or ex gratia payment under any contract of employment or award or agreement that regulates conditions of employment whether such amount becomes payable before, on or after the commencement of the winding up;
(d) fourthly, all amounts due in respect of work injury compensation under the Work Injury Compensation Act (Cap. 354) accrued before, on or after the commencement of the winding up; [5/2008 wef 01/04/2008]
(e) fifthly, all amounts due in respect of contributions payable during the 12 months next before, on or after the commencement of the winding up by the company as the employer of any person under any written law relating to employees’ superannuation or provident funds or under any scheme of superannuation which is an approved scheme under the law relating to income tax;
(f) sixthly, all remuneration payable to any employee in respect of vacation leave, or in the case of his death to any other person in his right, accrued in respect of any period before, on or after the commencement of the winding up; and
(g) seventhly, the amount of all tax assessed and all goods and services tax due under any written law before the commencement of the winding up or assessed at any time before the time fixed for the proving of debts has expired. [15/84; 13/87; 22/93; 31/93; 42/2005]
(2) The amount payable under subsection (1)(b) and (c) shall not exceed an amount that is equivalent to 5 months salary whether for time or piecework in respect of services rendered by the employee to the company or $7,500, whichever is the lesser.
就是说，就算 LZ 拿到庭令，排在优先债权人的第一位，也得看公司偿还有担保债权人（如果有的话）后，公司还有没有剩下钱还优先债权人？
而且相信得耗上一段时间，您知道的，那些吸X清盘师。。。
祝 LZ 好运！ |
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