Notwithstanding the existence of any other claim, the claims guaranteed by the lien established in articles L. 143-10, L. 143-11, L. 742-6 and L. 751-15 of the Labour Code must, by order of the official receiver, be paid within ten days of the pronouncement of the judgment opening the proceedings by the debtor or, where he has a mission to assist, by the administrator, if the debtor or the administrator has the necessary funds.
However, before any establishment of the amount of these claims, the debtor or the administrator if he has a mission of assistance must, with the authorisation of the juge-commissaire and to the extent of the available funds, immediately pay the employees, as a provisional payment, a sum equal to one month’s unpaid wages, based on the last pay slip, and without being able to exceed the ceiling referred to in article L. 143-10 of the Labour Code.
In the absence of available funds, the sums due under the previous two paragraphs must be paid from the first cash receipts.