You can apply for labor arbitration.
The wages of the employees of the bankrupt enterprise do not need to be declared, and will be announced by the bankruptcy administrator. If there is any objection to the result of the announcement and the administrator does not correct it, you can directly file a lawsuit to the people's court without going through labor arbitration.
Based on the provisions of Article 48 of the Enterprise Bankruptcy Law:
Wages and medical care, disability benefits and pension costs owed by the debtor to the employees, basic pension insurance and basic medical insurance costs that should be transferred to the employees' personal accounts, as well as compensation that should be paid to the employees as stipulated by laws and administrative regulations, do not need to be declared. A list is made and publicized after investigation by the administrator.
If the employee disagrees with the list, he or she may request the administrator to correct it; if the administrator fails to do so, the employee may file a lawsuit with the People's Court.
Expanded Information:
Labor disputes in the process of liquidation of an enterprise's bankruptcy should be divided into categories and nature. After the establishment of the liquidation group, the liquidation group and the liquidation work needs to decide to stay and employment of labor relations between the dispute, the liquidation group as an independent subject, the right and obligation to participate in litigation or arbitration.
The other case is the labor disputes between the employees and the former enterprise, which are not subject to the new litigation or arbitration procedures because such legal relations are under trial due to the bankruptcy filing. Because:
One, the basic principle of justice is not a case of second instance, a dispute can only be resolved by a body, not at the same time by two or more institutions to resolve, otherwise it will inevitably lead to the conflict of power and abuse;
Two, the bankruptcy case is accepted to the original enterprise as a party to the main body of the legal relationship, including labor disputes, tort compensation is in the judicial process.
The liquidation group is a temporary organization appointed by the court after the declaration of bankruptcy, which is the subject of legal fiction. After the establishment of the liquidation group in accordance with the law to take over the property of the original enterprise, is responsible for dealing with the debts and claims of the original enterprise.
The legal basis for the establishment of the liquidation group is the designation of the court, and although it independently exercises its rights and undertakes its obligations, its behavior is subject to the guidance and supervision of the people's court, and its behavior and disputes with creditors or other parties are directly adjudicated by the court, and there are proper ways of settlement and remedies;
Thirdly, bankruptcy procedure is a special procedure, and the core of the enterprise's bankruptcy and liquidation is the fair distribution of bankruptcy property, and the main body of distribution is under the guidance of the court, which is a special procedure. The main body of the distribution is the bankruptcy liquidation group under the guidance and supervision of the people's court.
The bankruptcy property in the hands of the liquidation group and at its disposal shall be based on the provisions of the law and the people's court's designation and shall not be subject to enforcement, and courts, organs and departments other than those accepting the bankruptcy case shall not have the right to exercise their rights and obligations to the liquidation group, otherwise, it would be interfering with the normal judicial trial procedure, leading to conflict and confrontation of the procedure;
from the viewpoint of the current judicial interpretations and the practice of the trial. The supreme people's court "on the bankruptcy liquidation group in the course of performing its duties in breach of contract or infringement of civil disputes, such as litigation jurisdiction" stipulates:
Enterprises are declared bankrupt, the liquidation group for the performance of liquidation duties of others in breach of contract or infringement of civil litigation, which occurs in the bankruptcy proceedings before the end of the people's court accepting the bankruptcy case under the jurisdiction of the people's court in the bankruptcy proceedings.
This Interpretation very clearly stipulates the dispute resolution institutions and procedures, and the disputes and controversies between the bankruptcy liquidation group and the laborers it decides to retain or employ shall be dealt with together in the bankruptcy proceedings.
Labor disputes and tort disputes within the insolvent enterprise are secondary to the disputes and controversies stipulated in the judicial interpretation, and should be dealt with in the insolvency proceedings. Reference: