Can't your employer pay the costs any longer? Then we're talking about bankruptcy. This has major consequences for you: your salary can no longer be paid either and you'll suddenly be without work. Furthermore, you'll have to deal with trustees, the UWV (Employee Insurance Agency) and all sorts of complex laws.
What should I pay attention to?
If your employer goes bankrupt, a receiver will be appointed. This effectively becomes your new employer. The receiver can terminate your contract. In this case, there is a notice period of up to six weeks, unless otherwise stipulated in your collective labour agreement or employment contract. Your employment can also continue. In that case, you simply continue to work and remain entitled to your wages.
What does this mean for me?
If the administrator terminates your employment, you may be eligible for unemployment benefit from the UWV. You must apply for this in a timely manner. If you are not entitled to this benefit, but there is arrears of wages, you can indicate to the administrator that you are a creditor. The order in which an administrator pays creditors is laid down by law. Please note that the money may run out before it is your turn, and therefore you may receive nothing.
We do this for you
Our legal specialists will explain exactly how things stand. What is happening, what does this mean for you, and what are you entitled to? From continued wage payments by the UWV to your right to unemployment benefits: we ensure you get what you deserve.
What do you get as a member?
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- Updates on your work, collective labour agreement & sector
- Help with work, benefits & income
- Newsletter
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- Updates on your work, collective labour agreement & sector
- Complete help with work, benefits & income
- Newsletter
- Useful calculation tools and sample letters
- Legal advice and support
- Understanding your pension
- Help and advice with your benefit
- Input into your employment terms
FAQ
Where can I find my rights and obligations during illness and reintegration?
- Your employer must first formally terminate your employment. Your employment will then, in principle, end when the notice period applicable to the employer has expired.
- Your notice period begins on the day your employer officially receives your written resignation (an employer may only terminate employment for business economic reasons with the permission of the UWV) and ends at the end of a month (unless a different written agreement has been made regarding the notice period). For example, with a 1-month notice period: if your employer resigns on 15 September, you will leave employment on 1 November;
- If you sign a settlement agreement, this does not constitute notice of termination. However, the notice period is relevant for the start of your unemployment benefit. The date on which you sign the settlement agreement counts as the start date of your notice period. So, using the example above, you must sign the settlement agreement in September and agree to leave your job on 1 November. You will then become entitled to unemployment benefit from 1 November (provided you meet all the conditions). So please make sure you only make a commitment or sign anything once you are fully aware of the consequences this will have for you. Have you received a settlement agreement from your employer? If so, have it checked by a lawyer before you respond. De Unie can help you with this.
Am I entitled to a so-called bankruptcy benefit?
In case of bankruptcy, the UWV pays your wages until the end of your notice period. A bankruptcy benefit is only applicable in cases of bankruptcy or insolvency of the employer.
