Employees Of Insolvent Employers Claim Submission, Examination And Procedures Meet

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

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/94733

 
Cabinet of Ministers Regulations No. 830, 2004 in Riga in October (5. No 58 27) employees of insolvent employers claim submission, examination and procedures issued by the meeting in accordance with the law "on the protection of employees employers ' insolvency event ' 10. the second paragraph of article 1. determines the order in which the insolvent employer, administrator (hereinafter referred to as the administrator) shall provide the State Agency" insolvency administration "(hereinafter insolvency administration) applications for the allocation of funds from the employee claims guarantee fund insolvent employer to satisfy the claims of the employees and that the processing of applications and needs.
2. the Administrator in insolvency administration shall submit the following documents (or specify when documents filed insolvency administration): 2.1. fill the administrator application form (depending on the type of claim) (sample forms 1, 2 and 3 in the annex);
2.2. a list of employees whose claims are eligible (according to the nature of the claim) (sample forms – 4, 5 and 6 in the annex);
2.3. the health and integrity of the expertise of the National Commission of doctors or the excerpts (copies) of expertise concerning the determination of the percentage uptime if funds are requested to meet the employees ' claims for damages;
2.4. State social insurance agency in the inquiry as to whether the employee occupational disease detection at the moment (if an occupational disease diagnosed after January 1, 1997) was the status of the insured person according to the law "on compulsory social insurance against accidents at work and occupational diseases";
2.5. the judgment of the Court a copy of the Declaration of insolvency;
2.6. the creditors meeting Protocol (a copy of) that a decision on the adoption of a solution of insolvency and the list of unsecured creditors for approval;
2.7. the list of unsecured creditors (copy);
2.8. the creditors meeting Protocol (a copy of) that the decision, which provides for the administration of insolvency proceedings or the amount payable shall be paid, where the resolution of a State of insolvency is approved or reorganisation of the composition;
2.9. the employee claims submissions (copies).
3. The administrators shall have the right to request and receive from the administrator's other information proving the claims of employees and their extent.
4. The Administrator is responsible for the application of the specified message (personal data, amount, payment period, labour relations, property, period) and confirm it with a signature.
5. Insolvency administration based on the administrator's application and the attached documents, one month after receiving all the necessary documents for deciding on the allocation of funds for the insolvent employer to meet the claims of employees and administrators of the order issued by the Director.
6. the Administrator shall arrange and provide for the recovery of employees assigned to the cost of funds for employees. The administrator has the right to satisfy the claim of the employees received funds used for other purposes.
7. funds allocated by the administrator paid employees in the shortest possible period, but not later than two months from the order of the Director of administration of insolvency proceedings (hereinafter referred to as the order).
8. If this provision during the period mentioned in section 7 of the insolvent employer's employees do not come to get them, and the amount of money granted so all money amounts are not paid, the administrator is obliged to conclude a contract with the credit institution for employees assigned to the recovery of the outstanding deposit of funds in a credit institution.
9. the Administrator within three weeks from the date of issue of the order, inform the State social insurance agency and the State revenue service on insolvency administration granted funds to satisfy the claims of the employees, by giving these authorities a list of employees that are paid by the State social security payments and personal income tax.
10. After the insolvent employer employee recovery according to the decision of the administration of the insolvency and the funds allocated to the administrator within 10 weeks from the date of issue of the order, but no later than one week before the final meeting of creditors convened insolvency administration submitted a report (in accordance with the insolvency administration determine the sample) for the cost of the funds granted.
11. If the funds allocated to satisfy the claims of the employees are withheld under Executive documents the amounts recovered, the administrator in insolvency administration Executive submitted copies of the documents with the terms of paragraph 10 of that report.
12. the Administrator is obliged at the request of the administrators to inform them about the progress of the insolvency proceedings, the insolvency administration rights as creditors and insolvency administration opportunities to recover the employee paid for the recovery of funds.
13. Be declared unenforceable in the Cabinet of Ministers of 23 December 2002 rules no 556 "employees of insolvent employers claim submission, consideration and resolution procedure" (Latvian journal, 2002, nr. 190).
Prime Minister i. Emsis, Minister of Justice v. höche Editorial Note: the entry into force of the provisions by October 9, 2004.