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Applying for insolvency money

Your employer is in financial difficulties and therefore owes you the remuneration. If a so-called insolvency event occurs, you are entitled to insolvency money from this point on. Such an insolvency event may consist, for example, in the opening of insolvency proceedings against your employer. With the insolvency money, you can compensate for your loss of wages for a maximum of three months.

Insolvency money is paid retroactively. Compulsory contributions to unemployment insurance are not a prerequisite. Marginally employed persons, interns, students, pensioners and trainees can receive insolvency benefits. In the case of, for example, managing partners, shareholders of a GmbH or members of the employer, proof of employee status must be provided for a claim for insolvency money.

You can only get it for the salary that has not been paid to you in the last 3 months of the employment relationship before the insolvency event. If your employment relationship has previously been terminated, the insolvency benefit period covers the last 3 months of your employment relationship.

You will receive exactly as much insolvency money as you have recently earned net wages. However, the contribution assessment limit of unemployment insurance forms the upper limit. The extent to which special payments (e.g. Christmas bonuses) can be replaced via insolvency money depends on the provisions in your employment contract and must be examined on a case-by-case basis.

If your employer does not pay social security contributions due to insolvency, this is covered by the Employment Agency at the request of the collection office (health insurance company). Outstanding contributions are paid for the last 3 months of your employment relationship before the insolvency event.

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

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

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