Under the law, an employee whose employer went bankrupt or whose company underwent liquidation is entitled to receive a benefit from the National Insurance Institute that includes payments, owed by the employer, up to the maximum amount set by the law:
Indexation differentials from the day the debt was made to the day of the actual payment are be added to the wage and the severance pay paid by the National Insurance Institute. The payment for wages is made first, and only afterword is, severance pay paid, up to the maximum amount set by the law.
The claim to the liquidator shall be for the amount of the debt to the provident fund in the terms of the fund alone (the National Insurance will calculate the indexation differentials later).
Once the liquidator approves the claim for the provident fund debt, it is transferred to the National Insurance Institute for examination, calculation of indexation differentials and payment.
Once the payment is made by the National Insurance, a notice is sent to the employee and to the provident fund.
Documents to be attached to the claim form:
Once the liquidator or trustee has approved the claim, it is transferred to the National Insurance Institute, to the Department of Employee Rights Insurance.
The decision of the trustee or liquidator is not final. Under section 189b of the law, the National Insurance Institute is authorized to approve, reject or dispute the decision.
Once the claim has been approved, the payment is sent directly to the insured's bank account. The payment is not transferrable nor up to foreclosure.