Company on the verge of insolvency. HELP

14 posts in this topic

Hey guys, 

I'm in a bit of a bind and could use some advice... 

The company I work for (and reason I moved to Frankfurt) might go into insolvency soon, after two unpaid salaries, and by Christmas, maybe the third. We've been told that, in that "unlikely" (their words) event, the state would cover three months' salaries as an insolvency subsidy. We were also told that, after the company declares insolvency, we would have 2 months to claim that money.

The thing is, I already booked flights home for Christmas way before this all started and I need to be sure that, if they declare insolvency during the holidays, I don't have to catch an early and expensive flight I cannot afford to go claim the subsidy at the unemployment office.

Could someone confirm if there is indeed this 2 month window to claim the insolvency subsidy after the company declares insolvency and if so, could you provide me a legal source of that so I could also inform my colleagues that are in similar circumstances? 

I would appreciate a reply as soon as possible.

Thanks in advance

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4 minutes ago, engelchen said:

You can find more info on Insolvenzgeld here

 

https://www3.arbeitsagentur.de/web/content/DE/BuergerinnenUndBuerger/ArbeitundBeruf/ArbeitsJobsuche/FinanzielleHilfen/Insolvenzgeld/Detail/index.htm?dfContentId=L6019022DSTBAI485921

 

 I would recommend going in person ASAP to the Agentur für Arbeit for advice.

 

I had already checked that page and I couldn't find the time frame during which I can request the subsidy anywhere...
I've been collecting information about it and I'll try to go to the Agentur für Arbeit before my flight, but the information that I really need at the moment concerns the time frame available to me.

 

Thank you!

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Did you also read Merkblatt 10? If your contract is terminated,  you also need to inform the Agentur für Arbeit. It might be a good idea to register now as Arbeitssuchend just in case.

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Yes, you must

8 hours ago, engelchen said:

Did you also read Merkblatt 10? If your contract is terminated,  you also need to inform the Agentur für Arbeit. It might be a good idea to register now as Arbeitssuchend just in case.

 

Yes, you must inform the Agentur für Arbeit BEFORE YOUR FLIGHT of your possible unemployment if you think you will be fired during your absence!

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1 hour ago, Krieg said:

Are you going for holidays for 2 months?

 

Well, this is Germany after all... ;)

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Can you sign a Vollmacht for someone (perhaps legal or equally official) to take care of things whilst you're away. I don't know if this is a situation that allows "power of attorney" but worth asking.

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19 hours ago, engelchen said:

Did you also read Merkblatt 10? If your contract is terminated,  you also need to inform the Agentur für Arbeit. It might be a good idea to register now as Arbeitssuchend just in case.

 

10 hours ago, Metall said:

Yes, you must

 

Yes, you must inform the Agentur für Arbeit BEFORE YOUR FLIGHT of your possible unemployment if you think you will be fired during your absence!


Thanks for the tips, although I don't think anyone will be fired before the insolvency process starts, and even then it might take a while, I'll be back by then. But I will definitely look into registering! 

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3 hours ago, Malt-Teaser said:

Can you sign a Vollmacht for someone (perhaps legal or equally official) to take care of things whilst you're away. I don't know if this is a situation that allows "power of attorney" but worth asking.

 

2 hours ago, Metall said:

I don't think power of attorney/ Vollmacht is needed here.

 

The OP can just go there before the flight.

 

In fact, I just found a link where you can register as arbeitssuchend online!:

https://www.arbeitsagentur.de/arbeitslos-arbeit-finden/erste-schritte-arbeitslosigkeit

 

(You need to set up an account first).

 

 

Metall, I believe Malt-Teaser meant that I might need a Vollmacht in case the time frame for requesting the insolvency subsidy coincides with my time away, and in that case, yeah, I would have to ask someone to go claim the subsidy on my behalf.

But since the 2 month time frame is confirmed, it's not a problem.

Thanks for posting the link, though, it will come in handy!

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9 hours ago, Krieg said:

Are you going for holidays for 2 months?

 

No, I'm not (it would be wonderful, though, wouldn't it?), but I still needed to confirm how much time I had, in case it was much less than the 2 months we were told about (since no legal references were given to back that information), like 2/3 weeks or something... :)

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