In the event of bankruptcy of the employer, there are numerous questions for employees. Despite the associated uncertainty, insolvency law offers clear regulations for the protection of employee interests.
Effects of bankruptcy on the employment relationship
The opening of insolvency proceedings means that the employer is insolvent. An insolvency administrator appointed by the court takes over the business. The employment relationship remains unaffected at first, since the bankruptcy as such is not an automatic reason for termination. The Jobware career portal explains that termination may only be pronounced for personal, behavioral or operational reasons.
Regulations on bankruptcy money
If the salary stays out around the opening of the bankruptcy in the period, the bankruptcy money of the Federal Employment Agency applies. It replaces the net service for up to three months before opening the insolvency proceedings. Financing takes place through the bankruptcy fee, which is borne by all companies. The Federal Employment Agency points out that a corresponding application must be submitted within two months of the opening of the procedure so as not to lose the claims.
Possibilities of termination in bankruptcy proceedings
As part of insolvency proceedings, the insolvency administrator can terminate employment relationships. The legal foundations can be found in § 113 of the bankruptcy regulations. Accordingly, it can be terminated at the end of a three -month notice period at the end of the month, even if the individual employment contract actually provides for longer deadlines. However, the Hasselbach law firm makes it clear in a web article that the dismissal protection law also applies without restrictions even in the event of bankruptcy. A termination must therefore continue to be socially justified, for example by the loss of workplace or other operational reasons.
Compensation for termination
In connection with termination during bankruptcy, the question of a possible severance payment often arises. As Jobware explains, there is no legal claim for this. A severance payment can only be paid as part of a social plan or by an individual agreement. If the severance payment was already agreed before the insolvency proceedings were opened, it is a simple bankruptcy claim. In this case, the payment is only proportionate, depending on the quota. However, if the agreement was made after opening the procedure, it is considered a so -called mass liability.
Registration of open claims
Salary residues and other outstanding claims that have arisen before opening bankruptcy must be registered with the insolvency administrator. These are so -called insolvency claims, for which a written registration within a period set by the court is required. According to Haufe.de, such claims should be underpinned such as employment contracts, pay slips or overtime lists in order to increase their enforceability.
Editor finance.net