Loongarantieregeling

Wage Guarantee Scheme

The wage guarantee scheme is an arrangement under which the UWV pays arrears of wages and other claims to employees if their employer becomes bankrupt or is granted a suspension of payments.

The wage guarantee scheme protects employees against non-payment of wages upon their employer’s insolvency. The UWV assumes payment of arrears of wages, holiday pay and pension contributions up to a prescribed maximum, pursuant to the Social Insurance Financing Act.

The scheme is of particular relevance given the frequency of insolvencies, which would otherwise leave employees without income. Employees need not commence proceedings against the bankrupt estate themselves, but may submit an application directly to the UWV.

In practice, the scheme is most commonly invoked in respect of smaller undertakings where the trustee in bankruptcy lacks sufficient assets. The UWV subsequently recovers the sums paid from the estate as a preferential creditor.

“Following the company's bankruptcy, the employee successfully invoked the wage guarantee scheme in respect of his arrears of salary.”

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