{"id":2775,"date":"2019-11-22T11:03:25","date_gmt":"2019-11-22T10:03:25","guid":{"rendered":"https:\/\/www.phenix-expertise.com\/?page_id=2775"},"modified":"2019-11-25T14:39:52","modified_gmt":"2019-11-25T13:39:52","slug":"liquidation-judiciaire-comment-se-faire-payer","status":"publish","type":"post","link":"https:\/\/www.phenix-expertise.com\/en\/liquidation-judiciaire-comment-se-faire-payer\/","title":{"rendered":"Judicial liquidation: how to get paid?"},"content":{"rendered":"

When placing a business in liquidation, salary<\/strong> employee becomes one of the major concerns<\/strong>. Indeed, it is true that a company experiencing significant financial difficulties may also encounter problems with the payment of the salaries of its employees. However, guarantees exist and employees benefit from specific protections <\/strong>which make them creditors not like the others<\/strong>.<\/p>\r\n\r\n\r\n\r\n

Judicial liquidation: will salaries be paid?<\/h2>\r\n\r\n\r\n\r\n

Unlike the company's other creditors, employees are not required to report their claims. Indeed, the employees of the company benefit from a privilege: that of being paid in priority.<\/p>\r\n\r\n\r\n\r\n

Thus, during judicial liquidation, the agent must carry out assets and clear liabilities.<\/strong> In fact, he must sell the assets and carry out the clearance of the liabilities, that is to say settle all the debts and pay all the debts of the company; for this a strict order must be respected, but it is the employees who must be paid first. When company funds are sufficient, salaries are paid up to a monthly ceiling equal to double the monthly ceiling for social security contributions.<\/p>\r\n\r\n\r\n\r\n

Wage Guarantee Insurance<\/h2>\r\n\r\n\r\n\r\n

You should know that all employees benefit from the wage payment guarantee<\/strong>. So what happens when the company no longer has the means necessary to pay the salaries and allowances owed to its employees? In this case it is the wage guarantee scheme that comes into play. It is known above all under the acronym AGS. This protection is subject to compulsory employer contribution.<\/p>\r\n\r\n\r\n\r\n

As soon as a reorganization procedure or judicial liquidation<\/strong><\/a>, wages<\/strong> are covered by AGS. This guarantee insurance also covers commissions, premiums and indemnities due to employees. It can also pay for termination indemnities in the event of breaches of contract notified before the date of opening of the procedure. These remunerations are guaranteed for the last sixty days of work.<\/p>\r\n\r\n\r\n\r\n

Even if the employees are fully compensated, the law sets ceilings:<\/p>\r\n\r\n\r\n\r\n