Amendments To The Cabinet Of Ministers Of 5 October 2004 The Regulation No 830 "employees Of Insolvent Employers Claim Submission, Examination And Procedures Meet"

Original Language Title: Grozījumi Ministru kabineta 2004.gada 5.oktobra noteikumos Nr.830 "Maksātnespējīgo darba devēju darbinieku prasījumu iesniegšanas, izskatīšanas un apmierināšanas kārtība"

Read the untranslated law here: https://www.vestnesis.lv/ta/id/168471

Cabinet of Ministers Regulations No. 926, Riga 2007 December 18 (Mon. No 70 86) amendments to the Cabinet of Ministers of 5 October 2004 the Regulation No 830 "employees of insolvent employers claim submission, examination and procedures meet ' Issued in accordance with the law" on the protection of employees in case of employer's insolvency "in article 10, second subparagraph, 1. make the Cabinet of Ministers of 5 October 2004 the Regulation No 830" the able Maksātn the employer the employee claim submission, examination and procedures meet "(Latvian journal, 2004, 160. No; 2006 206. No.) 1.1. the following amendments: replace text, the word "application" (the fold) with the word "submission" (fold);
1.2. make points 1 and 2 by the following: "1. determines the order in which the insolvent employer (hereinafter referred to as the administrator) shall provide the State Agency" insolvency administration "(hereinafter insolvency administration) information for employees of insolvent employers and satisfaction of claims, and the order in which the employee claims guarantee fund is satisfied the employee claims.
2. the Administrator in insolvency administration shall submit the following documents (or specify when documents submitted by trācij admin in Insolvency): 2.1 an application to satisfy the claims of the employees in the employee since the guarantee fund of PRS resources (model form-Annex 1);
2.2. list of employees (sample forms-2., 3., 4., 5 and 6 in the annex);
2.3. the administrator submitted to employee claims of creditors (creditors copies of documents);
2.4. the judgment of the Court of Justice on the legal declaration of personal insolvency (a copy);
2.5. the creditors meeting Protocol (a copy of) that a decision on a situation of insolvency proceedings;
2.6. administrator decisions about employee recognition of claims of creditors (a copy);
2.7. the administrator's written acknowledgement of receipt of employee accounts payable since the amount recognized PRA inclusion in the register of claims of creditors (a certified extract from the register of claims of creditors);
2.8. documents (copies) of the employees entitled to receive remuneration for other types of paid absence for the last three labour relations for months during the 12 month period prior to the insolvency of the employer's accession;
2.9. the insolvent employer employee contracts (copies), which have been or are labour relations with the employer becomes insolvent and you have a year or two in the period before the insolvency of the employer have been joining the insolvent employer's company, founders of the company or companies, the participants-shareholder or shareholders, investors, members of the administrative organ (Executive Body) or prokūrist with decision-making powers. This section contains information on the status of the staff when submitting this rule 2.2. list of employees referred to in point (2.12 of the form information appearing in box + 3. form 14 information appearing in box + 4. form 13 information appearing in box + 5.12. column of the form information to be indicated);
2.10. the employment contracts of the employees (copies), which the severance pay required two, three or four months average earnings;
2.11. The State labour inspection of the Commission's inquiries about medical capacity zu dum (copies);
2.12. The State social insurance agency inquiries about whether relati employees inside when they found an occupational disease (if an occupational disease diagnosed after 1 January 1997), has been in the insured person's status in the community responded to the law "on compulsory social insurance against accidents at work and occupational diseases";
2.13. the creditors meeting Protocol (a copy of) that a decision on the administration of the insolvency claims of employees to meet or the amount payable shall be paid into the settlement and repayment in full, if the creditors ' meeting has adopted the settlement;
2.14. the creditors meeting Protocol (a copy of) that a decision on the administration of the insolvency claims of employees to meet or the amount payable shall be paid into the bailout plan and repayment in full, if the creditors ' meeting has endorsed the bailout option. ';
1.3. replace paragraph 5, the word "receipt" with the word "submission";
1.4. to supplement the provisions under point 5.1 by the following: "If the administrators are not 5.1 submitted all required to do kument or requested information about the employee claims of insolvency administration, acting on behalf of the employee or of the recovery report on the progress of the criminal proceedings in institutions and responsible administrative suspension, the employee submitted a claim for the administrator review and adopt relevant decisions during the month from the date of receipt of all the required documents or information requested. ';
1.5. make point 7 and 8 by the following: "7. Assigned funds administrator paid employees in the shortest possible period, but not later than one month after the decision of the administrators of the insolvent employer to employee claims. If during that period the bankrupt employer's employees do not come to get them the money assigned to Lee dzekļ, the administrator by registered mail (to the declared place of residence and the employee on the employee's creditor's claim in the specified address) send the insolvent employer to employees during the month of invitations to attend to receive the allocated funds or month to provide information on current accounts.
8. If within one month from the date of the sent this rule 7, paragraph written mailing, insolvent employer's employees do not come to get him for allocated funds from the employee claims guarantee fund or have not provided information on current accounts, the administrator by registered mail (to the declared place of residence and the employee on the employee's creditor's claim in the specified address) with proof of the content of the request for information sent to the insolvent employer to employees repeating the request for options to pay employees assigned to the recovery of funds ".
1.6. to supplement the rules with 8.1 and 8.2 points as follows: "8.1 if, within two months from the date on which the registered mail fee not able, at the employer's employees sent this provision, paragraph 8, second request (but not later than four months from the date of the decision of the administrators of the insolvent employer employee recovery), an insolvent employer's employees do not come to receive funds allocated or not provided necessary information for administrators about ways to pay from the employee claims guarantee fund funds awarded employee satisfaction of the claim, the administrator shall transfer the employee claims guarantee fund granted, but certain insolvent employer's employees had paid the money back to meet the claims of employees insolvency administration account.
8.2 If the administrator of employee claims guarantee fund disbursed, but certain insolvent employer's employees had paid the money counted back the insolvency administration account under that rule 8 and 8.1 points, the insolvent employer's employees these provisions within the time limit specified in paragraph 8.1 are not present to receive their assignments for the money or did not provide the information required for the administrator about ways to pay from the employee claim ga rantij assigned the Fund of funds to satisfy the claims of the employees Reprint from the employee claims guarantee fund manpower claims are not satisfied. "
1.7. replace paragraph 9, the words "the date of issue of the order" by the words "from the date of the decision on the employees ' recovery;
1.8. make paragraph 10 by the following: "10." after the insolvent employer employee satisfaction of claims in insolvency administration accordingly adopted decision and the funds granted to the administrator within 10 weeks from the date of the decision on the recovery of employees, but not later than one week before the convening of the meeting of creditors in the closing days, He submitted a report sātnespēj Administration (model form-Annex 7) on insolvency in the administration of employee claims guarantee fund granted the use of funds to satisfy the claims of employees. Two weeks after this provision 8.1 before the expiry of the period referred to in paragraph 1, but no later than one week before the convening of the meeting of creditors in the closing days of the administrator report on the use of funds to satisfy the claims of the employees submitted. ";
1.9. paragraph 12 of the following expression:

"12. the Administrator is obliged by the administrators to inform the administration of the insolvency claims on the insolvency proceedings, the insolvency administration claim into the ditor claims kr register employees for recovery from the employee claims guarantee fund, the amount of funds allocated, as well as insolvency administration capabilities to recover from the employee claims guarantee fund paid these contractual funds to satisfy the claims of employees."
1.10. to make the new version of annex 1 (annex 1);
1.11. to express new version 2 of the annex (annex 2);
1.12. to make the new version of annex 3 (annex 3);
1.13. Express 4. new version of the annex (annex 4);
1. make the new version of annex 5 (annex 5);
1.15. Express new version of annex 6 (annex 6);
1.16. supplement with Annex 7 (annex 7).
2. the rules shall enter into force by 1 January 2008. Prime Minister a. Halloween g. Smith Minister of Justice Ministry of Justice submitted version of annex 1 of the Cabinet of Ministers of 18 December 2007 the Regulation No 926 annex 1 "Cabinet of Ministers of 5 October 2004 Regulations No 830 G. Buchanan, Minister of Justice Ministry of Justice submitted in annex 2 to the Cabinet of Ministers of 18 December 2007 the Regulation No 926 annex 2" Cabinet of Ministers of 5 October 2004 Regulations No 830 G. Buchanan, Minister of Justice Ministry of Justice submitted to the annex 3 of the Cabinet of Ministers of 18 December 2007 the Regulation No 926, annex 3 The Cabinet of Ministers of 5 October 2004 Regulations No 830 G. Buchanan, Minister of Justice Ministry of Justice submitted in annex 4 of the Cabinet of Ministers of 18 December 2007 the Regulation No 926 "annex 4. Cabinet of Ministers of 5 October 2004 Regulations No 830 G. Buchanan, Minister of Justice Ministry of Justice submitted version of annex 5 of the Cabinet of Ministers of 18 December 2007 the Regulation No 926" annex 5 of the Cabinet of Ministers of 5 October 2004 Regulations No 830 G. Buchanan, Minister of Justice Ministry of Justice submitted version of annex 6 of the Cabinet of Ministers of 18 December 2007 on the Regulation No 926 "annex 6 of the Cabinet of Ministers of 5 October 2004 Regulations No 830 G. Buchanan, Minister of Justice Ministry of Justice submitted version of the annex 7 of the Cabinet of Ministers of 18 December 2007 the Regulation No 926" Annex 7 of the Cabinet of Ministers of 5 October 2004 Regulations No 830 G. Buchanan, Minister of Justice