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Protection of employee remuneration in the case of insolvency

Once insolvency proceedings are instituted, each individual employee has six months to submit an application to IEF Service GmbH for insolvency pay to cover any outstanding claims under their employment contract. They must also lodge a claim with the Regional Court (in Vienna: the Commercial Court). This claim must be accompanied by the application for insolvency pay.

The six-month deadline is also deemed to have been complied with if the application for insolvency pay is filed with the court rather than IEF Service GmbH. In such a case, the court will forward this application to IEF Service GmbH without further examination. Please contact your local Chamber of Labour to find out more about this.

Caution

In general, these rules also apply to entrepreneurs from EU Member States in Austria.

Relevant body

the Regional Court (→ BMJ)German text (in Vienna: the Commercial Court (→ BMJ)German text)

Further links

Legal basis

Translated by the European Commission
last update: 29 January 2021

responsible for content: Federal Ministry of Justice

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