Dienstleistungsportal Bayern

Description

Prerequisites

In order for you to receive insolvency benefits, certain requirements must be met:

• An insolvency event occurs if
  • Insolvency proceedings are opened against your employer's assets, or
  • insolvency application is rejected for lack of assets, or
  • Business activity is completely discontinued in the case of obvious lack of assets.
• No pay was paid to you for up to 3 months before the insolvency event.
• As an employee you are
  • employed within Germany or
  • temporarily posted abroad while retaining the obligation to pay social security in Germany.
• You must prove by means of a notice from the clearing office of the German Pension Insurance (status determination procedure) that you are legally considered an employee if, for example, you are
  • Managing partner,
  • shareholder of a GmbH (limited liability company) or
  • are a relative of the employer.
• Further information can be found on the website of the Federal Employment Agency.

Procedure

Apply for insolvency benefits 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 website of the Federal Employment Agency.
• Complete the application in full and submit it signed, including the attachments, to your employment agency.
• The insolvency benefit certificate is required for final processing.
  • The insolvency benefit certificate is issued by the insolvency administration or by your company. It will be requested by the Employment Agency.
  • To speed up the procedure, you can also obtain the insolvency benefit certificate yourself from the insolvency administration or from your company and attach it to the application straight away. The form is also available from any employment agency or via the Internet.
• The Employment Agency will examine your application and your documents. You will receive a decision on your application from the Employment Agency.

Apply for insolvency benefits online:

• Access the "eServices" portal on the website of the Federal Employment Agency.
• Log in with your user ID and call up the application for insolvency benefits.
• Fill out the online application form, upload all documents as attachments and send the application.
• The Employment Agency will review your application and documents. You will receive a decision on your application from the Employment Agency.

Deadlines

You must apply for insolvency benefits within 2 months of the occurrence of the insolvency event. If you submit the application late, the Employment Agency will examine in each individual case whether the requirements for a grace period are met.

Processing time

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

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

• Gebühr: keine

Legal bases

• §§ 165 bis 172 Sozialgesetzbuch Drittes Buch (SGB III)
• § 175 Sozialgesetzbuch Drittes Buch (SGB III)
• § 314 Sozialgesetzbuch Drittes Buch (SGB III)
• § 316 Sozialgesetzbuch Drittes Buch (SGB III)
• §§ 323 bis 324 Sozialgesetzbuch Drittes Buch (SGB III)
• § 327 Sozialgesetzbuch Drittes Buch (SGB III)

Remedy

• Widerspruch
• Klage vor dem Sozialgericht

Links to more information

• Informationen und Erklärvideo zum Insolvenzgeld für Arbeitnehmerinnen und Arbeitnehmer auf der Internetseite der Bundesagentur für Arbeit
• Formulare und Merkblätter zum Insolvenzgeld auf der Internetseite der Bundesagentur für Arbeit
• Informationen zur Online-Beantragung von Insolvenzgeld auf der Internetseite der Bundesagentur für Arbeit

Related issues

• Insolvency; consulting
• Debts; consulting