Can your employer no longer pay the costs? Then we speak of bankruptcy. This has major consequences for you: your salary can no longer be paid and you are suddenly out of work. You also have to deal with trustees, the UWV and all kinds of complicated laws.
What should I pay attention to?
If your employer goes bankrupt, a curator is appointed. This becomes, as it were, your new employer. The curator can terminate your contract. In that case, a notice period of a maximum of six weeks applies, unless otherwise specified in your collective labor agreement or employment contract. Your employment can also continue. Then you just keep working and keep your right to your wages.
What does this mean for me?
If the trustee terminates your employment, you may be eligible for a bankruptcy benefit from the UWV. You must request this on time. Are you not entitled to this benefit, but do you have overdue wages? Then you can indicate to the curator that you are a creditor. The order in which a trustee pays creditors is laid down by law. Keep in mind that the money runs out before your turn, so you get nothing.
We do this for you
Our legal specialists will explain to you exactly how it works. What happens, what does this mean for you and what are you entitled to? From continued payment of wages by the UWV to your entitlement to unemployment benefits: we ensure that you get what you deserve.
What do you get as a member?
Light
- Updates about your work, collective labor agreement & industry
- Light help with work, benefits & income
- Newsletter
Complete/additional
- Updates about your work, collective labor agreement & industry
- Complete help with work, benefits & income
- Newsletter
- Handy calculation tools and sample letters
- Legal advice and support
- Insight into your pension
- Help and advice with your benefit
- Participation in your terms of employment
FAQ
Where can I find my rights and obligations during illness and reintegration?
- Your employer must first formally terminate your employment. In principle, your employment contract ends when the notice period that applies to the employer has expired.
- Your notice period starts on the day that you have received written notice of termination from your employer (an employer may only terminate for business economic reasons after permission from the UWV) and ends at the end of a month (if no other written agreement has been made about period of notice). Example with 1 month's notice period: if your employer gives notice of termination on September 15, you will leave employment on November 1;
- If you sign a settlement agreement, there is no termination. But the notice period is important before the start of your unemployment benefit. The date of signing the settlement agreement serves as the start date of your notice period. So using the example above, you must sign the settlement agreement in September and agree that you will leave employment on November 1. As of November 1, you will then be entitled to unemployment benefits (provided you meet all the conditions). So be careful that you only make or sign a commitment if you know what consequences it will have for you. Have you received a settlement agreement from your employer? Please have this legally checked before responding. De Unie can help you with this.
Am I entitled to a so-called bankruptcy payment?
In case of bankruptcy, the UWV will pay your wages until the end of your notice period. A bankruptcy payment is only applicable in the event of bankruptcy or inability to pay of the employer.
