Insolvency benefit; application

If your employer is insolvent and can no longer pay your wages, you can apply for insolvency benefit.

Description

Prerequisites

Certain conditions must be met for you to receive insolvency benefit:

  • An insolvency event exists if
    • Insolvency proceedings are opened against the assets of your employer or
    • Insolvency application is rejected due to lack of assets or
    • Business activity is completely discontinued due to obvious lack of assets.
  • You have not been paid for up to 3 months prior to the insolvency event.
  • As an employee, you are
    • employed within Germany or
    • have been temporarily posted abroad while retaining the obligation to pay social security contributions in Germany.
  • You must prove that you are legally considered an employee by means of a notification from the German Pension Insurance Clearing Office (status determination procedure), for example if you are
    • managing partner,
    • shareholder of a limited liability company or
    • a relative of the employer.
  • Further information can be found on the website of the Federal Employment Agency.

Procedure

Apply for insolvency benefit at the employment agency. You can submit the application in paper form or electronically.

Submit the application in paper form:

  • You can obtain the application form from any employment agency or from the Federal Employment Agency's website.
  • Complete the application in full, sign it and submit it to your employment agency together with the attachments.
  • The insolvency benefit certificate is required for final processing.
    • The insolvency certificate is issued by the insolvency administration or by your company. It is requested by the employment agency.
    • To speed up the process, you can also obtain the insolvency certificate yourself from the insolvency administration or your company and enclose it with your application. The form is also available from any employment agency or on the Internet.
  • The employment agency will check your application and your documents. You will receive a decision on your application from the employment agency.

Apply for insolvency benefit online:

  • Call up the "eServices" portal on the website of the Federal Employment Agency.
  • Log in with your user ID and call up the application for insolvency benefit.
  • Complete the online application form, upload all documents as attachments and send the application.
  • The employment agency will check your application and documents. You will receive notification of the decision on your application from the Employment Agency.

Deadlines

You must apply for insolvency benefit within 2 months of the insolvency event occurring. If you submit the application late, the employment agency will check on a case-by-case basis whether the conditions for a grace period are met.

Processing time

Depending on the insolvency event, usually 2 months after the occurrence of the insolvency event. (0 to 2 months)

Required documents

  • Required Documents

    • When contacting your advisor, please inquire about the specific documents you will need.

Forms

  • Form, Bavaria-wide: Antrag auf Insolvenzgeld (Arbeitnehmerinnen/Arbeitnehmer)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Form, Bavaria-wide: Zusatzblatt "Familienangehörige" zum Antrag auf Insolvenzgeld
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Form, Bavaria-wide: Zusatzblatt "Gesellschafter(in)/Geschäftsführer(in)" zum Antrag auf Insolvenzgeld
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Form, Bavaria-wide: Antrag auf Insolvenzgeld (Dritte)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

  • Form, Bavaria-wide: Insolvenzgeldbescheinigung
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Online procedures

  • Insolvenzgeld online beantragen

    As an employee, you can also complete the application for insolvency benefits electronically and submit it together with all supporting documents electronically.

Fees

  • Fee: none

Remedy

  • Objection
  • Action before the social court

Status:14.01.2024

Responsible for editing:Bundesministerium für Arbeit und Soziales

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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