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Company in insolvency: the employee is entitled to more than just wages

By Anonymous

 In the event that the employer is insolvent, the employee may first demand payment of wages at a number of jobs, but demand much more from me. This year is not always the house.


Martin Badoek from Karviná has been working since 2010 as a manipulator of long grain, which was made by cheese. The salary was not reversible, with about seven thousand crowns of the same, but at least he received it regularly. This was valid until the arrest of 2014, when the employer began to retire with the payment of pensions. There were a lot of orders, sometimes it didn’t happen, but the company did it for a price that covered the costs, explains Mr. Badoek.

From April, he and his colleagues were given a handful of hands once every few days to get out of it. The end of the week was in sight. In July, Mr. Badoek fell ill and his employer became insolvent. What about you?

If the employee cannot terminate in another way, for example during the probationary period or by agreement, I can cancel the employment immediately for non-payment of wages in accordance with 56 end of work, if the wage was not paid within 15 days after the due date, explains Kateina Bernkov from .

He recovered and hurried away

The insolvency of an employer by two employees is probably the only hope: that they can apply for a long wage not only in insolvency, but also in a series of work, where the majority of receivables are obtained. However, the claim arises only if insolvency is initiated, or at least a moratorium has been imposed before the insolvency is initiated. The employees themselves can also initiate the proceedings by filing an insolvency petition for long-term wages in court.

Insolvency woman with a protective length started in the first half of July. As soon as Mr. Badoek recovered, he gave an immediate statement as of July 31 and set out to work to pay for the debt wage. Unpaid wages can be claimed by the employee to the extent of the corresponding wage claims for the three months of the decisive period, points out Petr Sulek, spokesman for the Ministry of Labor and Social Affairs R. Mr. Badoek therefore received salaries for April, May and June (all around 6,000 crowns) and the rest must argue with the employer.

Not only salary also is a hunter

The structure of the rest is quite varied: in addition to the rest of the unpaid salary, Mr. Badoek is entitled to compensation for untaken leave (3,500 crowns), immediate termination of employment (14,000 crowns) and incapacity for work (3,000 crowns).

There is nothing to explain about the unexhausted leave, but they will send the compensation for the immediate termination of employment. According to the end of the work, the employee can terminate the employment immediately for only two reasons when the work warms his health and when the employer did not pay him a salary. In both cases, the employee is first entitled to the payment of wages in the amount of the average debt for the period corresponding to the long-term compensation period. If Mr. Badoek has an average salary of seven thousand crowns, he will be reimbursed for a two-month due period of more than 14 thousand crowns.

As for incapacity for work, there is at first social security, but and from the 15th day of incapacity. During the first 14 days of incapacity for work, employees are not covered by sickness insurance, but pay a salary with the exception of the first days, which is provided by the employer, explains Pavlna Rsslerov from the Czech Social Security Administration.

My incapacity for work can lead me to another sweat that Mr. Badok did not meet. The employee submits to the employer a certificate of permanent temporary incapacity for work. The employer must send it together with the documents for the door entry to the District Social Security Administration (OSSZ). And here is the sweat that the employer has never given it and does not communicate with the employee or the first? Then the employee must contact the OSSZ directly and prove his / her income (by pay, employment contract, payroll, salary, payroll documents from the employer, registered pension security certificate, witness statement). And rightly to punish my employer for inaction. In the event that the employer does not cooperate and does not share the necessary data even with a sufficient amount of OSSZ, the OSSZ may initiate proceedings on the correct tort and the imposition of a fine, says Pavlna Rsslerov.

Either two hundred or alloba

When Mr. Badoek figured out what he was entitled to from his employer, he reached 22 thousand crowns. Because the employer did not pay the days from the compensation, in mid-November, the former employee sent him a pedaling call. I even sent the owner, the executive and the company to the company, but they came to me like a non-delivery to Martin Badoek.

Dalm pull is just an album, which does not have to be at all, or a stick to insolvency women, its load-bearing capacity usually sweats in units of percent. In insolvency women, therefore, a hunter is considered a spnho, who will receive only two hundred crowns out of 20 thousand crowns. That’s because he gets nothing.

Remember:
What do you need in case of insolvency of the employer

  • Unpaid wages:
    bu od insolvennho sprvce v rmci insolvennho zen,
    or from the series of work (highest wages),
  • On nhradu nevyerpan satisfied
  • For compensation for immediate termination of employment (average wage per month due)
  • For sick pay (first 14 days without first days).
    Zdroj: ad prce R, MPSV, SSZ

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