Part Three: Working hours, pay, profit-sharing and employee savings schemes

The guarantee institutions referred to in article L. 3253-14 are responsible for settling the outstanding claims of employees who carry out or habitually carried out their activity on French territory, on behalf of an employer whose registered office, in the case of a legal entity, or, in the case of a natural person, the activity or address of the company is located in another Member State of the European Community…

An employer is deemed to be in a state of insolvency within the meaning of Article L. 3253-18-1 when an application has been made to open collective proceedings based on the employer’s insolvency, as provided for by the laws, regulations and administrative provisions of a Member State of the European Community or of the European Economic Area, which entail the partial or total divestment of the employer and the appointment…

The guarantee due in application of article L. 3253-18-1 relates to the unpaid debts mentioned in article L. 3253-8. However, the periods provided for in 2° and 3° of article L. 3253-8 are extended to three months from the date of any decision equivalent to a liquidation decision or adopting a recovery plan.

If the claims cannot be paid in full or in part from the funds available, the guarantee institutions referred to in article L. 3253-14 shall pay the funds upon presentation by the foreign liquidator or any other person performing a function similar to that of the judicial representative, the judicial administrator or the liquidator, of the statements of unpaid claims. The last paragraph of Article L. 3253-19 is applicable.

The sums appearing on these statements and remaining unpaid are paid directly to the employee within eight days of receipt of the debt statements. By way of derogation from the first paragraph, the advance payment of contributions due by the employer under the Contrat de Securisation Professionnelle mentioned in 1° of article L. 3253-8 is paid to the body managing the unemployment insurance scheme.

Article L. 3253-15 is applicable with the exception of the last paragraph. When the mandataire judiciaire, the administrator or the liquidator receives sums due to employees from an institution located in another Member State equivalent to the guarantee institutions mentioned in Article L. 3253-14, he shall immediately pay these sums to the employees concerned. The court-appointed administrator or liquidator shall send statements of unpaid claims to any institution located in…

Articles L. 3253-7, L. 3253-10 to L. 3253-13 and L. 3253-17 are applicable to the procedures defined in articles L. 3253-18-1 and L. 3253-18-2. The judgments referred to in article L. 3253-12 include any equivalent decision taken by the competent foreign authority. The institutions mentioned in article L. 3253-14 are subrogated to the rights of the employees for whom they have made advances.