BOOK VI: Company difficulties.

On the basis of the documents or information provided by the employees, the debtor, the administrator as well as the employees’ representative, the mandataire judiciaire verifies the claims arising from an employment contract and draws up statements thereof. This verification takes place even in the absence of the verification of unsecured claims. The debtor holds at the disposal of the employees’ representative the elements on the basis of which the…

Statements of claims arising from employment contracts include the identity of each employee, the nature of his or her employment contract, the date on which he or she joined the company, the job held and its qualification, whether or not he or she holds a corporate office, the date on which the employment contract was terminated, the sums already paid and those still to be paid. The amount of these…

The mandataire judiciaire shall inform each employee by any means of the nature and amount of the admitted or rejected claims and shall indicate the date on which the statement of claims is filed at the registry. He points out that the foreclosure period provided for in Article L. 625-1 runs from the publication provided for in the third paragraph below. Employees whose claims are admitted are informed at the…

The mandataire judiciaire or the commissaire à l’exécution du plan shall return to the institutions mentioned in article L. 143-11-4 of the Code du travail the sums advanced by them that have not been collected by the employees when the period of validity of the payment voucher has expired. These institutions pay the sums due to employees who request them.

The debtor shall provide all useful information to the mandataire judiciaire and the administrator, if one has been appointed, on the proceedings pending before the industrial tribunal on the date of the opening judgment.

The institutions mentioned in Article L. 143-11-4 of the Labour Code shall inform the judicial representative of their refusal to settle a claim appearing on a statement, within the same timeframes as those provided for in Article L. 143-11-7 of the same code, for the payment of unpaid sums. These institutions shall indicate the nature and amount of the claim refused as well as the reasons for their refusal. The…