Advanced Search

Employees Of Insolvent Employers Claim Submission, Review, And An Administrator Meet The Arrangements For Paying The Remuneration

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Cabinet of Ministers Regulations No. 1045 Riga 2009 (September 15. No. 57) 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 i. General provisions 1 the question determines the order in which the insolvent employer to pay could not process administrator (hereinafter referred to as the administrator) shall provide the State Agency" insolvency administration "(hereinafter insolvency administra trācij) information about the employees of insolvent employers (hereinafter employees) claims and order in one of the employee claims guarantee fund is satisfied the employee claims. II. Application to satisfy the claims of the employee 2. the Administrator shall submit the following documentation in the administration of the insolvency facts (or indicates that the relevant documents submitted in insolvency administration): 2.1 an application to satisfy the claims of the employees the employee claims guarantee fund (annex 1);
2.2. list of staff (2., 3., 4., 5., 6., 7.);
2.3. the administrator submitted for employees (AP) claims (claims of creditors of the copies of documents);
2.4. documents (copies), which shows that between the employee and the pay is not capable of the employer are or have been working relationship;
2.5. documents (copies) confirming the claims of employees (about pay, on annual paid leave for other types of paid off a creature about severance pay, for damages due to accident at work or an occupational disease) merits (annex 1);
2.6. the State revenue service certificate of an insolvent employer's tax debt confirming an insolvent employer's debt by State social security contributions and personal income tax payments related to employee claims. 3. The insolvency process, in which the applicable law "on bankruptcy of enterprises and companies ' rules, in addition to the provisions in paragraph 2, the administrator shall submit the documents mentioned in the administrators the following documents (or indicates that the relevant documents submitted in insolvency administration): 3.1 judgment about the suspect (a copy);
3.2. the creditors meeting Protocol (a copy of) that a decision on resolution of a State of insolvency;
3.3. the creditors ' meeting that a decision on the list of unsecured creditors for approval;
3.4. the list of unsecured creditors (copy);
3.5. the creditors meeting Protocol (a copy of) that a decision on the administration of insolvency proceedings the amount payable shall be paid or reimbursed the full amount of the horse, if approved by the resolution of the State of insolvency or reorganisation of the peace settlement. 4. Insolvency process, in which the applicable insolvency law provisions, in addition to the provisions referred to in paragraph 2, the documents administered by the Torah in insolvency administration submitted the following documents (or indicates that the relevant documents submitted in or with the administration of the insolvency law of the notified body, which led to the insolvency registry): 4.1 a court judgment on the legal declaration of personal insolvency (a copy);
4.2. the administrator decision about employee recognition of claims of creditors (a copy);

4.3. the administrator's written acknowledgement of receipt of employee creditors require you the amount recognised by inclusion in the register of claims of creditors (a certified extract from the register of claims of creditors). 5. Insolvency Administration has the right to request and receive from Admiral nistrator, for other information indicating the employee claims and the validity of their claims. Administrator in insolvency administration request after the deadline submitted in insolvency administration information and documents relating to employee claims. 6. The Administrator is responsible for the application of the specified message (personal data, amount, payment period, labour relations, property, period) the sum and even certify it with a signature. III. the procedure for the recovery of insolvency administration, based on administrator the tubers and the cold documents, one month after receiving all the necessary documents for deciding on the allocation of funds to the employee requires to satisfy you or on the refusal to grant the money in full or in part. 8. the Administrator shall organize and ensure employees meet the claims of the granted funds for the carrying costs of employees. According to the insolvency administrator of the Administration about the cost of the staff from the employee claims guarantee fund of funds received. Administered by the Torah has the right to satisfy the claim of the employees received funds used for other purposes. 9. the employee claims guarantee fund received the money paid to an employee or administrator shall transfer them to the employee's designated checking account in the shortest possible period, but not later than one month after the administration of insolvency proceedings the amount payable for employees transferred to the insolvent employer's account. 10. If paragraph 9 of these regulations within the time mentioned in the employee has come to get him for allocated funds, the administrator shall send by registered mail to the employee of the month, the invitation to come to receive the allocated funds or provide information about the possibilities to pay them, indicating the settlement account, or other information about the way in which funds allocated to receive. Have an invitation in early stage the employee sends to the declared place of residence and to the vendor's address indicated in the claim. 11. If, for a period of one month from the date of the sent this rule 10, paragraph invitation, the employee has come to get him for allocated funds or provided information about the possibilities to pay them, the administrator by registered mail with proof of the contents of the request for information is sent to the employee the repeated request of the possibilities to pay the employees assigned to the recovery funds. Request employee sends to the declared place of residence and to the vendor's address indicated in the claim. 12. If, within two months from the date of this provision sent 11. request referred to in paragraph (but not later than four months from the date when the pay of employees in the Administration transferred the amounts to be disbursed to pay the employer unable to account), the employee has come to get him for allocated funds or provided information about the possibilities to pay them, the administrator shall transfer from the employees ' claims, the guarantee fund received, but not the particular employee paid the money back to the Administrators account. 13. If within four months from the date of insolvency administration employees payable amounts transferred to the insolvent employer's account, the employee does not come to get him for allocated funds or has not provided the administrator about options to pay them and administered the Torah has made this provision in paragraphs 10 and 11 above, and pursuant to paragraph 12 of these rules not paid employees the money paid back to the account administrators where an employee claims repeatedly from the employee claims guarantee fund is not satisfied. 14. the Administrator within three weeks from the date of insolvency for the adm nistrācij amounts paid to the employees transferred to the insolvent employer account and they are made to the State social security payments, inform the State revenue service, submit a report to the employer for a given reference month for those employees for whom it is made to the State social security payments and paid personal income tax. IV. Report on the use of funds by the employees ' 15. administrator of recovery within 10 weeks from the date of insolvency administration employees payable amounts transferred to the insolvent employer's account, but not later than one week before the convening of the meeting of creditors in the closing days, submit a report on the administration of the insolvency administrators in the use of funds allocated to employees for meeting claims (annex 8). 16. Two weeks after this provision 12. 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, the administrator shall submit the insolvency administration repeated review of insolvency administration funds allocated for the use of manpower to satisfy the claims (annex 8). 17. in the case of cash funds in the insolvency administration grant of employee recovery rus is withheld under Executive documents the amounts recovered, the administrator with this provision 15. paragraph 16 of that report shall be submitted to the administration of insolvency in the copy of the document. 18. the Administrator is obliged at the request of the administrators inform administrators of its opportunities to recover from the employee claims guarantee fund disbursed the money. V. concluding questions 19. Be declared unenforceable in the Cabinet of Ministers of 5 October 2004 rules no 830 "employees of insolvent employers claim submission, consideration and resolution procedure" (Latvian journal, 2004, 160. No; 2006, 206. No; 2007, 206. no). 20. The employee claims that the application of the definition of the apmier claims the employee claims guarantee fund filed to pay disability administration up to the date of entry into force of the provisions, according to the Cabinet of Ministers of 5 October 2004 Regulations No 830 "employees of insolvent employers claim submission, consideration and resolution procedure". Prime Minister v. dombrovsky – in place of the Minister of Justice, Minister of Home Affairs l. Mūrniec of annex 1 Cabinet of 15 September 2009. Regulations No 1045 annex 1 PDF format in place of the Minister of Justice, Minister of Home Affairs l. Mūrniec annex 2 Cabinet of 15 September 2009. Regulations No 1045 annex 2 PDF format in place of the Minister of Justice, Minister of Home Affairs l. Mūrniec annex 3 Cabinet of 15 September 2009. Regulations No 1045 annex 3 in PDF format in place of the Minister of Justice, Minister of Home Affairs l. Mūrniec 4. Annex Cabinet of 2009. 15. provisions of September no 1045 annex 4 in PDF format in place of the Minister of Justice, Minister of Home Affairs l. Mūrniec in annex 5 of the Cabinet of Ministers of 15 September 2009. Regulations No 1045 annex 5 in PDF format in place of the Minister of Justice, Minister of Home Affairs l. 6. Annex Mūrniec Cabinet of 15 September 2009. Regulations No 1045 annex 6 in PDF format in place of the Minister of Justice, Minister of Home Affairs l. Mūrniec of annex 7 Cabinet of 15 September 2009. Regulations No 1045 annex 7 in PDF format in place of the Minister of Justice, Minister of Home Affairs l. Mūrniec of Annex 8. Cabinet of 15 September 2009. Regulations No 1045 Annex 8 in PDF format in place of the Minister of Justice, Minister of Home Affairs l.-Mūrniec