Legal Advice on Bankruptcy & Unemployment Benefit Rights

Questioner

The company where I work has gone bankrupt. Now there is a restart, I now get a new employment contract with 30% less salary. If I do not accept this agreement, am I still entitled to unemployment benefits with an uninterrupted employment history of 20 years?

Lawyer

If you continue to do the same work, in the same place with the same work materials, there is a good chance that even after the restart it will be seen as a continuous employment contract. In that case, all employment conditions, including your salary, will remain the same. Even if you were to sign the new employment contract, you can still point out the conflict with the legal regulations after signing. So perhaps it is wise to sign so that you are at least hired and you can then come back to your employer. If you wish, I am happy to assist you further now or then. You can find my details via my profile and contact me further.

Lawyer

Regarding your WW question, the following. The question is whether the work is suitable in the sense of the WW. 30% less wages is usually not. That may be different if your chances on the labour market are zero. So that depends a bit on the circumstances of the case, but I expect that you will receive WW benefits if you refuse. The next question is whether that makes sense. After all, you will lose your unemployment benefits because they will be used up, you may lose pension rights and all in all you will be left with the same amount financially as an unemployment benefit. In addition, if you are dismissed within three years, you can claim the daily wage guarantee scheme: when applying for unemployment benefits, you must then submit a separate application to have the amount of the unemployment benefit calculated on the basis of the salary you earned before the bankruptcy. success