The company has been declared bankrupt since March and everyone is being laid off...?

Anastasiia Novikova
24.04.2023 23:08 • Question

Until September, everyone worked, and in October everyone was sent on layoff. To pay 2/3 of the salary. Since November, all payments have been stopped. To this day, they do not pay anything. What does the law say? Should I wait for the quality of payment? Is it legitimate that people are not getting paid? Wait for a reduction or write at your own will and go to the stock exchange?

1 Answers

Tatіana Mazur

Answer provided 26.09.2023 22:27

In accordance with Article 64 of the Code of Ukraine on Bankruptcy Procedures, the funds received from the sale of the bankrupt's property are directed to satisfy the demands of creditors in the manner established by this Code. First of all, the employees of the bankrupt are included.

Therefore, after initiating proceedings in the case of bankruptcy of the enterprise, you need to apply to the commercial court with a statement about the existing payables for salary. A copy of the specified application is sent to the property manager. The latter is obliged to separately enter in the register of creditors information about requirements for salary payment.

The answer is informational and does not replace a full legal consultation. For a detailed analysis of your situation, contact a lawyer directly.