Legal assistance in case of dismissal and bankruptcy


Questioner

My company was declared bankrupt in April. I was fired after almost 12.5 years of service (due to transition compensation). 5 days later I was called back by the regional manager to come back with a contract via an employment agency to continue working until the store closes for good. This was supposed to be until October, but has now been extended until December. I have lost all my rights, vacation days, etc. from my original permanent contract. According to the UWV I could not refuse, because then I would not be entitled to unemployment benefits. Is this allowed?

Lawyer

The Unemployment Act stipulates that in the event of 'permanent inability to pay' (i.e. bankruptcy) of your employer, you can claim back wages (for example in the form of saved vacation days), vacation pay and allowance and wages over the notice period for a certain period of time. In that case, the UWV temporarily takes over the obligations of your employer. The unused vacation days will be reimbursed by the UWV over a build-up period of up to one year. The days that you have built up during the notice period also count. The vacation pay will also be reimbursed by the UWV over a maximum of one year prior to the end of the notice period. You will probably lose all older days, but you can theoretically claim these days from the bankrupt company via the trustee. However, because there are usually other creditors (banks and suppliers) and you can't get much from a bald chicken, you will probably lose the days older than one year, but it is worth a try. For further information, please contact me directly.

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