Cabinet of Ministers Regulations No. 556, Riga, 2002 23 December (pr. No 59, § 7) 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 administrators of insolvent employers by the State Agency" insolvency administration "(hereinafter insolvency administration) applications for the allocation of funds from the employee claims guarantee fund employees of insolvent employers to satisfy the claims, and that the processing of applications and needs.
2. the employee claims guarantee fund in accordance with the law "on the protection of employees in case of employer's insolvency", and article 5 4 satisfy the claims of persons who are identifiable on employees, and which the employer is declared bankrupt if the decision to launch an insolvent employer's bankruptcy is accepted after December 31, 2002.
3. According to the law "on compulsory social insurance against accidents at work and occupational diseases" to satisfy the claims for damages due to accident at work or an occupational disease, which are or have been working in legal relations with insolvent employer, if the accident at work or the occupational disease occurred for up to 1 January 1997, as well as in cases where the person is not a socially insured person the occupational disease diagnosed after 1997, January 1.
4. the Administrator in insolvency administration shall submit the following documents: 4.1 fill in administrator application form (depending on the type of claim) (sample forms 1, 2 and 3 in the annex);
4.2. a list of employees whose claims are eligible (according to the nature of the claim) (sample forms – 4, 5 and 6 in the annex);
4.3. a collective agreement or employment contract, a copy of a request for funds for severance pay which exceeds the statutory amount;
4.4. If copies of documents being withheld in accordance with the amounts recovered;
4.5. The State labour inspection of the Commission's opinion on physician capacity loss, if requested funds employee claims for damage compensation to satisfy;
4.6. The State social insurance agency for it, or the occupational disease the employee at the time of the finding (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".
5. Insolvency Administration has the right to request and receive from the administrator's other information proving the claims of employees and their extent.
6. The Administrator is responsible for the application of the specified message (personal data, amount, payment period) and compliance with legislative requirements and acknowledge it with the signature and stamp of the administrator.
7. Insolvency administration based on the administrator's application and the attached documents, shall decide on the grant of funds to the insolvent employer to meet the claims of employees.
8. the administration of the insolvency administrator may be invited to participate in the administration of the insolvency hearing, the Board of Directors which addressed the question of the allocation of funds to the insolvent employer to meet the claims of employees.
9. the decision on the allocation of funds for the insolvent employer to meet the claims the employee accepts a month from the day on which the administrator has provided all these rules 4 and 5 documents listed.
10. Insolvency administration is entitled not to consider the question, if the administrator has not submitted all the required documents a month from the moment of the request.
11. If administrator specified in the claims does not meet the requirements of the law, insolvency administration decides to refuse claims of employees.
12. Administrator has the right to re-submit the application of insolvency in the Administration for granting funds from the employee claims guarantee fund employees of insolvent employers claim, if a previously submitted applications, the Director of the Administrators Association has adopted these rules 10 and 11 of the decisions referred to in paragraph and an administrator has prevented the application of the law of the non-compliance requirements.
13. From the approved amounts for the claims of employees insolvency administration withheld state compulsory social security contributions and personal income tax and the amounts withheld contributions specified in laws and budgets.
14. From the approved amounts for the claims of employees insolvency administration withheld under Executive documents amounts recovered and remitted to the administrator for further execution of documents provided for payment.
15. Funds allocated to the cost of the staff transferred to the administrator.
16. the Administrator shall organize and ensure employee recovery funds allocated to staff costs. The administrator has the right to satisfy the claim of the employees received funds used for other purposes.
17. The assigned funds administrator paid employees in the shortest possible period, but not later than two months from the date of receipt of funds.
18. If this provision during the period referred to in paragraph 17 is not paid all amounts of money due to the insolvency of the employer, the employees do not come to get them, the amount of money granted by the administrator is obliged to conclude a contract with the credit institution on the employees for the recovery of money paid not deposit in the credit institution law.
19. after the administration of insolvency information received that the forecasts provided are transferred, the administrator shall inform the State social insurance agency and the State revenue service on insolvency administration payments made within two weeks from the date of the transfer shall submit to the authorities a list of employees that are paid by the State social security payments and personal income tax.
20. After the insolvent employer employee recovery according to the decision of the administration of the insolvency and assigned funds administrator (two weeks after the last payment is made) by the insolvency administration review (in accordance with the insolvency administration determine the sample) for the cost of the funds granted.
21. the Administrator shall include a list of priority of creditors in insolvency administration claims arising in, allowing the insolvent employer to employee claims.
22. the Administrator is obliged at the request of the administrators to inform them about the progress of the insolvency proceedings, the insolvency creditor's rights administration as marketing opportunities and insolvency administration opportunities to recover the employee paid for the recovery of funds.
23. If the insolvency solutions are approved or reorganisation of the composition, the insolvency administration refund of amounts paid in settlement or to provide for the rescue plan and the first to be repaid in full after the insolvency administration expenses.
24. the regulations shall enter into force by 1 January 2003.
Prime Minister e. Repše Justice Minister a. Aksenoks Editorial Note: regulations shall enter into force by 1 January 2003.