Employer bankrupt: wages, insolvency trustee, UWV and a new job

1. Distinguish between payment problems and bankruptcy

One late payment does not automatically establish lasting insolvency. Request payment in writing and specify the missing amounts. If there is no court ruling on bankruptcy, suspension of payments or debt restructuring yet, UWV recommends demanding wages in a letter sent by registered post. Ask for help with the wording and the next step if the employer does not respond.

Permanent inability to pay can also exist without a bankruptcy ruling if the employer can no longer pay employees and creditors and has no prospect of recovery. UWV assesses this. Therefore, report the situation in a timely manner, but do not submit the benefit application too early based on your own judgment. Use the official decision aid and wait for the instructions about the correct application time.

2. Save documents before access disappears

Download your contract, recent payslips, leave statement, time records and correspondence about payments. Collect evidence of overtime, expense claims and promised pay components. Also keep the first page of your current pension statement and any termination letters. Access to an employee portal or business email may change quickly during the insolvency process. Do not wait for a final employment end date.

Make an overview of the amount due, payment received and difference per pay period. Record the date on which an amount became due and state gross and net separately. Only keep your own employment law documents; Company details of customers or colleagues do not belong in a personal payroll file. A clear calculation helps both UWV and the insolvency trustee to understand your application or claim.

3. The insolvency trustee and the end of the contract

After a bankruptcy declaration, the insolvency trustee manages the bankruptcy estate and can terminate employment contracts through a special procedure. The notice period in bankruptcy is at most 6 weeks; the specific end date must follow from the notice. A statement that the business has closed is not itself a properly established end date for your contract.

Ask whether you must work during the notice period, remain available or are released from work. Confirm the instructions and report any new job. Do not resign simply because the business is closed: this can affect wages and benefits. Illness and existing leave also require coordination with the insolvency trustee and UWV, rather than an administrative solution you arrange yourself.

4. What amounts can UWV take over?

The wage guarantee may cover wages owed for up to 13 weeks before dismissal and wages for a notice period of up to 6 weeks. Wages can include certain allowances, overtime and expense reimbursements. UWV decides which items and periods qualify. The ceiling is 150% of the maximum daily wage, even if your agreed salary is higher.

A separate limited period of up to 12 months applies to holiday pay, unused annual leave and pension contributions not remitted. UWV pays pension contributions to the pension provider. Older claims or amounts above the ceiling do not disappear merely because they fall outside the guarantee: list them separately for the insolvency trustee. An application does not promise payment of your entire final employment settlement.

5. Follow the benefit application and payment

Follow UWV’s invitation to the information meeting and its document checklist. An incomplete application may cause delays. Keep what you submit and request an acknowledgement. UWV may make advance payments before the final amounts are established. Check whether a payment is an advance or a final settlement and compare the periods it covers. UWV describes a wage advance, or at least partial payment during longer assessment, within four weeks and a final settlement within 26 weeks of application. The notice-period advance first requires your income statement. The first payment therefore does not settle every item definitively.

Report work and income according to UWV’s instructions, even if you quickly start another job. New earnings can affect amounts for the notice period. If you receive too much or too little, contact UWV and retain its explanation. If you disagree with a formal decision, follow the objection procedure and deadline in that letter.

6. Remaining claims, severance pay and restart

Submit amounts that are not taken over by UWV to the insolvency trustee in writing with a specification and evidence. Consider older wage items or a portion above the benefit ceiling. Ask how the claim is registered. A recognized claim is also not necessarily paid: the available estate and legal ranking determine whether a payment to creditors is possible.

In principle, in the event of bankruptcy, there is no right to the normal statutory transition payment. This is different from a regular reorganization outside of bankruptcy. Moreover, in the event of a restart, it is not self-evident that every employee will be taken over under the same conditions. The form and timing of a transfer can make a legal difference. Have a new offer assessed, especially if years of service, salary, pension or probation period change.

7. After the notice period and in case of doubt about the outcome

If you have no other job after the notice period, check in time whether you can claim WW unemployment benefit. Insolvency benefit and WW are separate schemes: qualifying for the first does not automatically qualify you for the second. Incapacity for work may require another benefit route. Record the contract end, last working day and any sickness notification separately.

If you work through an employment agency, look at your own legal employer. The bankruptcy of the client does not automatically mean that the employment agency is unable to pay. Ask for specific help if the employer, insolvency trustee and UWV refer to each other. A complete file with separate amounts, periods and decisions makes it clear which question is still open and with which party it needs to be resolved.

Practical checklist

• Save contract, pay slips, hours, leave balance and pension overview.
• Report payment problems and follow up with UWV about the application time.
• Check the termination notice, instructions and actual employment end date.
• List covered wage periods, holiday entitlements, pension contributions and remaining claims separately.
• Report new work and check the appropriate benefit route afterwards.