Has logged in, an employer’s insolvency, the employment relationship, i.e. the employee is still obliged to work. A court-appointed liquidator takes the place of the employer.
the effects of the periods of insolvency, however, to the termination. There is a uniform period of notice (§ 113, p. 2 insolvency act), which is three months, if not a shorter contractual, contractual or statutory period is applicable shall apply.
when and for how long will be paid to the insolvency, failure, money?
The insolvency, failure, money must be made at least two months after the opening of the insolvency proceedings. The employment Agency pays retrospectively for a maximum of the salary that is pending for the last three months of the employment relationship prior to the opening of the insolvency proceedings. The insolvency money is generally paid in the amount of the net salary.
done by the insolvent company, special payments such as Christmas or vacation money, to get workers for the loss of such Posts in spare. However, only Pro-rata for the period of three months, in which insolvency, failure, money will be paid. Taxes must not be paid to the insolvency, failure of money; but it must, nevertheless, in the case of the income tax specified. The Person
Tobias klingelhöfer is a lawyer and for many years as a legal expert for the ARAG operates. As a guest columnist for FOCUS Online, he informs consumers about their rights and obligations in different life situations.
apply online or at the employment Agency
Important: the Affected employee must be self-active, and the request for the insolvency, failure money. The application can be made, if in times of Corona possible – in person at the competent employment Agency, or online via the Homepage of the Federal employment Agency.
What is out of vacation days and Overtime?
the entitlement to The remaining days of vacation is dependent on whether the work is at the time of the insolvency, or is already terminated. The employment relationship still exists, it can be applied for the leave to be taken. The vacation has been approved, however, prior to the opening of the insolvency proceedings, the claim for vacation pay only a bankruptcy claim and do not need to be notified to the insolvency table, if it falls in the time period for the insolvency money is relative. Vacation pay for vacation that is taken after the opening of Insolvency proceedings will be paid as a mass claim. The work relationship is terminated, is entitled to payment in lieu of unused vacation days.
Otherwise, it looks at the issue of Overtime, which have been made prior to insolvency. Insolvency money is only available for the Overtime paid in the last three months before the opening of the insolvency. All other not yet paid as Overtime you must be logged on as an insolvency claim. Daniel Stelter in an Interview – ECB: First Inflation, then a new monetary order is coming – what to FOCUS Online Daniel Stelter is the name of the savers in the Interview – ECB: First Inflation, then a new monetary order is coming – what does this mean for savers In the FOCUS Online/Wochit In the
