How to initiate bankruptcy process if your company does not want to contact the fresh new area judge

There are many a means to demand their allege too. Read more in regards to the enforcement off claims from the [for the Norwegian].

You could potentially request that the area legal start case of bankruptcy proceedings facing your boss when you yourself have perhaps not obtained earnings and you may holiday pay because your employer never pay.

Terms

You’ll find laws and regulations based on how dated your salary and you may vacation pay states is making sure that you to definitely feel included in the brand new wage guarantee plan. That is why you ought to request you to personal bankruptcy process getting started, and not wait for anyone else to exercise. Your risk dropping publicity to suit your claims for people who waiting as well long.

You are exempt of setting up safeguards to your management will set you back for those who request that the legal begin personal bankruptcy legal proceeding.

The best way to initiate bankruptcy legal proceeding is actually for you and your employer to contact the latest section court together and having the company concur that they can’t shell out.

In the event that our employer won’t get in touch with the fresh area court, follow the measures lower than to get it done your self. You’ll find official conditions that needs to be satisfied. It is crucial that you proceed with the actions less than. Keep an eye on big date limits.

step one. Should you choose not found percentage – interest in payment

If the earnings have not been paid back from the consented big date, you should upload a registered page to the employer given that soon as you are able to. In your need for payment, you ought to specify exactly what your claim is actually for, the amount your employer owes both you and the period for which your employer owes you currency. Bring your employer 7 days to really make the commission.

2. If the manager will not comply with the new demand for percentage – find regarding bankruptcy

a month once you delivered the newest registered letter, you send out a notice out-of personal bankruptcy, in two duplicates, with the captain process server about town in which your boss enjoys the inserted target.

The method servers will serve new observe regarding bankruptcy proceeding in your manager. Solution out-of processes is at the mercy of a fee of NOK 489 for the 2022, and you’ll be notifice as the document might have been offered.

The fresh new observe out of bankruptcy have to are specific key points in check for your to consult initiation of bankruptcy proceeding procedures later:

• Consider the brand new interest in payment your prior to now sent. Preferably and additionally recite the amount your employer owes your, Match online what your claim is actually for, plus the several months whereby your employer owes your.
• Provide your employer two weeks on go out of provider of the newest see off bankruptcy proceeding and then make payment.
• Through the statement «Good petition of case of bankruptcy was registered in the event the commission is not generated inside day given.»
• Be sure to have: «Please note you to definitely in provided a great petition off case of bankruptcy, insolvency in general might be thought to thrive and case of bankruptcy procedures is generally began whenever fee is not produced once an alerts out-of case of bankruptcy could have been served relative to Point 63 regarding the newest Bankruptcy Operate.»

3. In case the company however does not pay – petition off personal bankruptcy

You should publish your own petition away from bankruptcy proceeding towards the region courtroom when the name given about notice out-of bankruptcy proceeding provides expired. Your petition must be recorded in the 5 duplicates. The fresh district court should have received their petition in this 2 weeks of your own go out on which the past date out of percentage given throughout the notice of bankruptcy ended. New see must be supported once more for folks who wait offered.

• The new plaintiff (you) therefore the offender (your boss), having name and you can address.