My company has gone bankrupt, and I have not been paid my wages for the two months prior to bankruptcy. Can I claim my wages?

2022/5/17

The wages for the last three months before the declaration of bankruptcy are given the highest priority in bankruptcy filings in order to guarantee the livelihood of workers.
If a company files for bankruptcy, the Court will consider whether it is appropriate to commence bankruptcy proceedings and, if so, will issue a bankruptcy order. Once the order has been issued, the Court will appoint an administrator and authorize the administrator to manage and dispose of the company’s assets.
Usually, workers are identified as creditors and are included in a list of creditors at the time of filing. The Court will send you a form to file your claim, which you will need to fill in and return to the court.

However, just in case you have been omitted from the list of creditors, you should contact the administrator when you learn that a bankruptcy order has been issued against your company.
You can usually find out who the administrator is on the notice posted at the office of the company.
If you have any concerns about the process, such as difficulty in contacting the administrator, you may consider contacting a lawyer with the Labour Lawyers’ Association for advice.

If there is little or no money left in the company at the time of filing, you may not be able to receive payment from the company. However, if you meet certain conditions, there is a system under which an independent agency can pay all or part of your wages in lieu of the company. You may consider contacting a lawyer with the Labour Lawyers Association for advice before giving up on your wages.