Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Austria: Wage guarantee in case of insolvency
Phase
Act on wage guarantee in case of insolvency (IESG)
Native name
Insolvenz-Entgeltsicherungsgesetz (IESG)
Type
Wage guarantee in case of insolvency
Added to database
08 May 2015
Article
whole legislation
Description
Employees, freelancers, home workers and apprentices (and their heirs or legal successors) are entitled to claims from the insolvency fund in cases of employer's insolvency/bankruptcy if a) employees are considered to be employed in Austria as defined in § 3 paragraph 1 or 2 (lit. a to d) of the general insurance act (Allgemeines Sozialversicherungsgesetz, ASVG), b) the insolvency procedure is opened in Austria and c) these claims have not yet been satisfied (IESG, § 1).
Insolvency is understood as:
opening of a bankruptcy proceeding,
appointment of an administrator,
rejection of an application for opening bankruptcy proceedings due to insufficient assets or lack of court jurisdiction,
deletion from the commercial register due to lack of assets,
lack of assets in the case of the death of the entrepreneur or court decision that inheritance proceedings are to be devoted to the creditors.
Eligible are claims from:
wages and severance payments,
compensation from damages,
other claims against the employer (like company pensions, daily allowances etc.), and
costs related to the legal and administrative procedures to realise payment from these claims,
Employees of the state, federal states (provinces) and municipalities, as well as those having decisive influence on the organisation are not eligible.
Claims based on an avoidable transaction ('anfechtbare Rechtshandlung') or applicants who were convicted for a crime related to the insolenvency (e.g., fraud, embezzlement, interception) are also not eligible.
Employees must apply within six months after the opening of insolvency proceedings. The claims will then be assessed. The assessment will include a consultation with the employer or insolvency administrator.
Payment is effected by the state-owned Insolvenz-Entgelt-Fonds-Service GmbH (IEF) which was specifically established for this purpose. The fund is financed by employers’ contributions and public funds. The employers' contribution amount is subject to change.
If an employer does not pay, this does not reduce the benefits of the employees in case of insolvency.
Commentary
Annual data related to the insolvency fund, such as the number of applicants and disbursement, can be found in the IEF's Annual Financial Statements, available on its website.
Affected employees: No, applicable in all circumstances Company size: No, applicable in all circumstances Additional information: No, applicable in all circumstances
Sources
Deutsch, A. (2011), Europäische Beispiele für die Insolvenzentgeltsicherung, Federal Ministry of Labour, Social Affairs and Consumer Protection/IEF, Vienna
Sargant, M. (2007), Implementation Report Directive 80/987 EEC amended by Directive 2002/74/EC [protection of employees in the event of the insolvency of their employer], Human European Consultancy/Middlesex University Business School
Eurofound (2015), Austria: Wage guarantee in case of insolvency, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/wage-guarantee-in-case-of-insolvency/austria
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