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What if your employer goes bankrupt?

When your employer goes bankrupt, he is no longer able to pay his costs. There is then so-called inability to pay. This has major consequences for you as an employee: your employer can no longer pay wages. Moreover, you are suddenly without work. What exactly should you pay attention to in such a situation? And what are you entitled to? You can read it in this blog.


Bankruptcy

When your employer is in financial trouble and can no longer pay his costs - including your wages - we speak of an inability to pay. Sometimes there is a permanent inability to pay or even bankruptcy. In some situations you are entitled to a payment due to inability to pay:

  • The court has granted your employer a temporary suspension of payment (moratorium). The judge appoints an administrator to take over the financial management.
  • The judge declares your employer bankrupt and appoints a receiver to take over the financial management.
  • Your employer can no longer get out of financial trouble. He receives a settlement from the court to pay off debts: a so-called debt restructuring scheme.

Dismissal

If your employer goes bankrupt, the court appoints a trustee who takes over the role of the employer and handles the bankruptcy. The trustee is entitled to terminate all employment contracts. Usually he does this immediately. The notice period - maximum of six weeks - still applies. The curator determines whether you must continue to work during this period.

Please note: has the court declared your employer bankrupt or has it deferred payment? Then your right to a transition payment expires.

Loon

Until you are permanently out of employment, you retain the right to wages. The UWV takes over the wage payment obligation from your employer and can take over the following obligations:

  • Overdue wages for a maximum of 13 weeks before the cancellation date
    Think of wages, overtime, expense allowance, accrual for thirteenth month and atv / adv days.
  • Overdue wages for a maximum of 1 year before the end of employment
    Think of holiday pay, vacation days, pension premiums and contributions to the time savings fund. Atv days and sustainable employability through the time savings fund, the UWV pays back up to a maximum of 13 weeks.
  • Pay over the notice period
    You are also entitled to wages until the definitive end of your employment - no more than 6 weeks after the notice date. Were you employed for at least 1 year on 1999 January 1 and 45 or older? Then you may have a longer notice period and a longer right to continued payment of wages.

Payment

Apply for a benefit due to inability to pay in time! Do this within 26 weeks of the first day on which your employer was no longer able to pay you. Are you late? Then you will usually no longer be able to receive benefits due to inability to pay. Have you not found other work after your notice period? Then you can apply for unemployment benefits at the UWV.

More information

Do you have any questions about bankruptcies or this article? Then contact us. Our Service Center is available every working day from 8.00:18.00 am to XNUMX:XNUMX pm via sc@unie.nl and 0345 851 963.

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