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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for insolvency money

Description

Your employer is experiencing payment difficulties and therefore owes you your salary. If a so-called insolvency event then occurs, you are entitled to insolvency benefit from this point onwards. Such an insolvency event can be, for example, the opening of insolvency proceedings against your employer. You can use the insolvency money to compensate your loss of earnings for a maximum of 3 months.

Insolvency benefit is paid retroactively. You are not required to pay unemployment insurance contributions. Part-time employees, interns, students, pensioners and trainees can receive insolvency money. For example, managing partners, shareholders of a limited liability company or relatives of the employer must prove that they are employees in order to be entitled to insolvency money.

You can only receive it for the wages that were not paid to you in the last 3 months of the employment relationship before the insolvency event. If your employment relationship was terminated beforehand, the insolvency benefit period covers the last 3 months of your employment relationship.

You will receive exactly as much insolvency money as your last net salary. However, the contribution assessment ceiling for unemployment insurance is the upper limit. The extent to which special payments (e.g. Christmas bonus) can be replaced by insolvency money depends on the provisions in your employment contract and must be checked on a case-by-case basis.

If your employer does not pay social security contributions due to insolvency, the employment agency will do so at the request of the collection agency (health insurance fund). Outstanding contributions will be paid for the last 3 months of your employment relationship prior to the insolvency event.

Further information can be found on the website of the Federal Employment Agency.

Certain conditions must be met for you to receive insolvency benefit:

  • There is an insolvency event if
    • Insolvency proceedings are opened against the assets of your employer or
    • Insolvency application is rejected due to lack of assets or
    • Business activity is completely discontinued due to obvious lack of assets.
  • You have not been paid for up to 3 months prior to the insolvency event.
  • As an employee, you are
    • employed within Germany or
    • have been temporarily posted abroad while retaining the obligation to pay social security contributions in Germany.
  • You must prove that you are legally considered an employee by means of a notification from the German Pension Insurance Clearing Office (status determination procedure) if, for example
    • managing partner,
    • shareholder of a limited liability company or
    • a relative of the employer.
  • Further information can be found on the website of the Federal Employment Agency.
  • Please ask your advisor which documents you need in detail when you contact them.

Forms available: Yes
Written form required: No
Informal application possible: No
Personal appearance necessary: No
Online services available: Yes

Apply for insolvency benefit at the employment agency. You can submit the application in paper form or electronically.

Submit the application in paper form:

  • You can obtain the application form from any employment agency or on the Federal Employment Agency's website.
  • Complete the application in full, sign it and submit it to your employment agency together with the attachments.
  • The insolvency certificate is required for final processing.
    • The insolvency certificate is issued by the insolvency administration or by your company. It is requested by the employment agency.
    • To speed up the process, you can also obtain the insolvency certificate yourself from the insolvency administrator or your company and enclose it with your application. The form is also available from any employment agency or on the Internet.
  • The employment agency will check your application and your documents. You will receive a decision on your application from the employment agency.

Apply for insolvency benefit online:

  • Go to the "eServices" portal on the website of the Federal Employment Agency.
  • Log in with your user ID and call up the application for insolvency benefit.
  • Complete the online application form, upload all documents as attachments and send the application.
  • The employment agency will check your application and documents. You will receive notification of the decision on your application from the Employment Agency.

Federal Ministry of Labor and Social Affairs (BMAS)

The text was automatically translated based on the German content.

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