Bankruptcy Law

Article L. 625-1(1) of the Commercial Code requires the legal representative to draw up, after verification, statements of claims arising from an employment contract, with the debtor heard or duly called. The claims concerned are those due on the date of the judgment opening the employer's insolvency procedure or those arising after the opening of such procedure .
The statements must be drawn up w …

Establishment of the statement of wage claims

Article L. 625-1(1) of the Commercial Code requires the legal representative to draw up, after verification, statements of claims arising from an employment contract, with the debtor heard or duly called. The claims concerned are those due on the date of the judgment opening the employer's insolvency procedure or those arising after the opening of such procedure .

The statements must be drawn up within the time-limits mentioned in Article L. 3253-19 of the Labor Code. Consequently, the legal representative must, within ten days of the judgment opening the procedure, draw up a statement of all types of remuneration due to employees for the last sixty days of work and paid vacation allowances. He has three months, from the opening judgment, to draw up the statement of other claims also due on that date. The legal representative must also take into account the expiry of the guarantee periods of the Wage Guarantee Insurance (Assurance garantie des salaires (AGS)), since from these periods, he has ten days to draw up the statement of wages and paid leave indemnities resulting from the termination of the employment contract, and three months for the other claims. An employee whose statements of claims resulting from the employment contract have not been drawn up within the legal time-limits is entitled to request their registration before the adjudication panel of the labor court (conseil de prud'hommes), without waiting for the statement of claims to be filed .

Article L. 3253-19 adds in fine that the statements of claims must specify the amount of social security and employee contributions of legal origin or of conventional origin imposed by law due for each of the employees concerned.

Finally, in accordance with Article L. 625-2, the statements of claims resulting from employment contracts are submitted by the legal representative to the employees' representative for verification. The legal representative must provide him with all relevant documents and information. In the event of difficulties, the employees' representative may contact the receiver and, if necessary, refer the matter to the bankruptcy judge.

Cass. soc., 4 June 2003, LawLex202100003528JBJ (LJ).

Cass. soc., 26 February 2003, LawLex202200003983JBJ (LJ).

Bankruptcy Law

235. Establishment of the statement of wage claims

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235. Establishment of the statement of wage claims

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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