You will be able to apply for an UWV insolvency benefit if the court rules in favour of 1 of the following regarding your employer:
- Your employer is granted a payment extension.
- Your employer is declared bankrupt.
- Your employer is approved for a debt restructuring scheme (‘schuldsanering’).
You will be informed about the court’s decision on your employer’s finances by an insolvency practitioner (‘curator’/’bewindvoerder’). This is a person who is appointed by the court to manage your employer’s financial situation.
Please note: If you were made redundant while your employer was already experiencing financial difficulty, contact us within 26 weeks of this happening. We will then look into this situation for you.
The UWV insolvency benefit covers the following elements:
- your unpaid wages (up to 13 weeks)
- your statutory notice pay (‘loon over opzegtermijn’), which is what you would have earned during your notice period (up to 6 weeks)
- your final pay (‘eindafrekening’), which includes any other outstanding payments such as holiday pay, the year-end bonus and unpaid pension contributions
Keep in mind if your employer continues paying your wages but stops contributing to your pension, you will not be eligible for an insolvency benefit. You might, however, be able to claim these unpaid pension contributions through our organisation.
You will receive the initial payment within 4 weeks of us receiving your application. This payment is an advance on your unpaid wages and includes compensation for overtime and work-related expenses.
It may be necessary for you to complete the Form for reporting your monthly earnings on an insolvency benefit (‘Inkomstenopgave bij betalingsonmacht werkgever’). If you submit this form to us each month, you can expect the corresponding monthly payment within 14 days of us receiving your form.
You will receive your final pay within 26 weeks of us having received your application for an UWV insolvency benefit.
The insolvency practitioner will let you know whether you will need to keep working for your employer until your contract ends. To find out when your contract ends, refer to the letter we sent you after we received your application for the UWV insolvency benefit.
Please note: If you would like to start working for a new employer during your notice period, you will have to get permission from the insolvency practitioner to do this.
- Inform us of a change in your circumstances as soon as possible (for example, if your contact details change or you move abroad).
- Notify your employer or the insolvency practitioner immediately if you become ill and cannot work. You must also inform our organisation of your illness on the first day you become ill.
- Report your recovery to your employer or the insolvency practitioner as soon as you are well again. Let us know you have recovered within 2 days of your illness ending.
- Complete the Form for reporting your monthly earnings on an insolvency benefit if you are required to do so. Make sure you do this each month even if you didn’t earn any money in a particular month.