Bankruptcy Law

Article L. 625-1(1) of the Commercial Code, applicable to the receivership procedure by reference from Article L. 631-18, requires the legal representative to draw up, after verification, statements of claims arising from an employment contract, with the debtor heard or duly summoned. The claims concerned are those due on the date of the judgment opening the employer's insolvency procedure or thos …

Drawing up a statement of employee claims

Article L. 625-1(1) of the Commercial Code, applicable to the receivership procedure by reference from Article L. 631-18, requires the legal representative to draw up, after verification, statements of claims arising from an employment contract, with the debtor heard or duly summoned. 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 deadlines specified in Article L. 3253-19 of the Labor Code. Consequently, within ten days of the opening of the procedure, the legal representative must draw up a statement of all types of remuneration due to employees for the last sixty days worked and holiday pay. He has three months from the date of the opening judgment to draw up a statement of other debts also due on that date. The legal representative must also take into account the expiry of the wage guarantee periods of the Wage guarantee insurance (Assurance garantie des salaires (AGS)), as he has ten days from the expiry of these periods to draw up the statement of wages and holiday pay resulting from the termination of the employment contract, and three months for the other claims. An employee whose statements of claims arising from the employment contract have not been drawn up within the legal periods is entitled to request that they be registered with the adjudication office of the Labor Court, 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 contributions and statutory employee contributions or contributions under collective bargaining agreements due in respect of each of the employees concerned.

Finally, in accordance with Article L. 625-2 , statements of claims arising from employment contracts are submitted by the legal representative to the employees' representative for verification. The legal representative must provide the employee representative 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).

Applicable on reference from art. L. 631-18.

Bankruptcy Law

537. Drawing up a statement of employee claims

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537. Drawing up a statement of employee claims

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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