Employees Of Insolvent Employers Claim Submission, Examination And Procedures For Addressing Cross-Border Insolvency

Original Language Title: Maksātnespējīgo darba devēju darbinieku prasījumu iesniegšanas, izskatīšanas un apmierināšanas kārtība pārrobežu maksātnespējas gadījumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/138761

Cabinet of Ministers Regulations No. 465 Riga, June 6, 2006 (pr. No 31 46) employees of insolvent employers claim submission, examination and procedures for addressing cross-border insolvency case, Issued in accordance with the law "on the protection of employees employers ' insolvency event ' article 12 fifth 1. determine the employee claim submission, examination and procedures for addressing cross-border insolvency.
2. The liquidator, prompting employee claims guarantee fund of funds to satisfy the claims of the employees associated with pay, paid leave, other paid leave, severance pay and damages due to accident at work or an occupational disease, the State Agency "insolvency administration" (hereinafter insolvency administra trācij) shall submit the following documents (or specify when documents filed insolvency administration): 2.1. fill the application form, indicating the employees whose claims are eligible according to the type of claim (1. , 2., 3., 4. and annex 5);
2.2. filled in application form for each employee (annex 6);
2.3. the judicial or other competent authorities (officials) transcription of the Council decision of 29 May 2000 Regulation (EC) no 1346/2000 on insolvency proceedings (hereinafter referred to as the Council Regulation No 1346/2000) article 3, paragraph 1, of the insolvency proceedings;
2.4. the following certified true copies: 2.4.1. a document showing that the claims of employees in accordance with European Union laws and regulations of the Member States have been recognized as justified;
2.4.2. a document showing that the employees make or normally made in Latvia;
2.4.3. the creditor's claims (claims);
2.4.4. the employment contracts;
2.4.5. documents certifying other types of employees paid for the out of fact, if the employee claims guarantee fund is requested in funds to satisfy the claims of the employees associated with other types of paid absence;
2.4.6. documents certifying the occupational accident or occupational disease detection and employee rights to compensation if the employee claims guarantee fund is requested in funds to satisfy the claims of the employees related to damages due to accident at work or an occupational disease;
2.4.7. documents certifying an employee's spouse and dependents of the employee had the right to recovery of the employee, if the employee claims guarantee fund is requested in funds to the employee and the employee's spouse and dependants of former party to satisfy the claim;
2.4.8. proof of insolvency situation (which is not the purpose of an insolvent employer's liquidation) when under European Union regulations, which apply to jam the insolvency proceedings, the insolvency process is applied in the following insolvency.
3. If the employee claims under Executive documents not passable to withhold the amounts recovered, the liquidator filed the bankruptcy administration documents to satisfy the claims of the employees, add exe du certified true copies, as well as submit particulars of persons who are to be paid the amount recovered (name, registration number, address or name, last name, ID number and address), and bank properties.
4. Insolvency Administration has the right to request and receive from the liquidator of the other information as well as documents proving the claims of employees and the amount thereof.
5. The liquidator is responsible for the administration of the insolvency documents submitted in the specified message (personal data, amount, payment period, labour relations, property, period) and confirm it with a signature.
6. Administration of insolvency proceedings on the basis of the documents submitted to the liquidator of the ERS, the month of all the required documents and its Member States of the European Union, which started in Council Regulation No 1346/2000, article 3, paragraph 1 of the insolvency proceedings, the competent authorities receiving the certificate, certifying that the employee is not assigned to the recovery of funds from the guarantee institution of that Member State, shall decide on the allocation of funds for the insolvent employer to meet the claims of employees.
7. Assigned funds run by the administration of the insolvency costs to mail payment is derived through the liquidator according the employee addresses or transferred to the liquidator of the specified bank accounts of the employees.
8. it is the responsibility of the liquidator at the request of the administrators to inform you on how the administration of the insolvency creditor's rights and opportunities and pursuing insolvency administration opportunities to recover the employee paid for the recovery of funds.
9. If you have changed the contact information of the liquidator, the liquidator shall not hinder the Court shall inform the administration of the insolvency.
Prime Minister a. Halloween Justice Minister g. Grīnvald Editorial Note: regulations shall enter into force by 1 July 2006.
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