In the context of the global crisis, bankruptcy of enterprises of any form of ownership is a widespread phenomenon. An enterprise can be declared bankrupt only by a court after considering the case and checking financial documents. First of all, the bankrupt's accounts, financial assets and property are seized. This leads to the fact that people who are left without work cannot receive their earned money. Federal Law 127-F3 obliges to pay off wage debts to employees in the second place.
It is necessary
- - application to the arbitration court;
- - performance list;
- - a statement to the bailiffs;
- - minutes of the trade union meeting.
Instructions
Step 1
If your company stopped working due to financial insolvency and you were not paid wages, then this debt is considered accounts payable, that is, you will be able to get your legal money only after a court ruling on bankruptcy, when the court will appoint a bankruptcy commissioner to sell the assets and property of the company.
Step 2
Unfortunately, this period can stretch for 1 year or more. Until the court issues an order on the repayment of debts and the sale of property, not a single employee will be able to receive the money earned.
Step 3
During the investigation and trial period, file an application with the arbitration court at your place of residence or at the location of the business. State in the application all your requirements, indicate the amount of the outstanding debt. You can also indicate the amount of compensation for non-pecuniary damage. The court will issue a decision on the basis of which you will receive a writ of execution.
Step 4
With a writ of execution, you can independently contact the bankruptcy commissioner or entrust this to the bailiff service. If you cannot or do not want to run in a circle to receive your legally earned money, apply to the bailiffs with a statement. On the basis of a writ of execution, these services are obliged to deal with debt collection without your participation.
Step 5
The trade union committee or other authorized persons must hold a general meeting of employees. During the meeting, minutes should be kept and all requirements put forward should be recorded in it. The minutes are signed by all members of the meeting. The drawn up document with the put forward requirements is transferred to the liquidator.
Step 6
And everything would be fine and legal, but work.
