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Old 30.03.2012, 15:02
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Who can force AG company into bankruptcy so I can recover unpaid salary

My boss ran into financial problems, firma owes many employees salary for more than 2 months. I would like to know who can force the company into bankruptcy so we can recover our money.
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Old 30.03.2012, 15:38
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

nice first post
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Old 30.03.2012, 15:56
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

Can't help you and I don't know how things between you and your boss are settled by now. But on another note: How many ...ans whose first language is ... and live in ... are there, what do you think? Well, maybe it's not a problem, but otherwise you probably would like to edit your profile ...
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Old 30.03.2012, 15:57
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

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My boss ran into financial problems, firma owes many employees salary for more than 2 months. I would like to know who can force the company into bankruptcy so we can recover our money.
Welcome to the Forum.

There exists in Switzerland an "Arbeitsgericht" a court for employment problems. It is free of charge to employees, you have a hearing before a judge and a clerk. You don't need a lawyer, just present your evidence.

Unfortunately for Saint Gallen I cannot find the Arbeitsgericht, so you need to go to the Kantonsgericht with your evidence and make an appointment,

http://www.gerichte.sg.ch/home/geric...ericht_SG.html

http://schlichtungsstelle-see-gaster...rmularA_01.pdf

http://www.gerichte.sg.ch/home/geric...behoerden.html
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Old 30.03.2012, 16:06
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

Join the Club, not been paid for February or March, happens all the time. If they go bankrupt the last 3 months salary are insured as is pension & AVS contributions. I know from experiance
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Old 30.03.2012, 18:01
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

Great! I know that and that's why I wanted to find out how to force the company into konkurz. The boss does not want that but he is most likely smoking something and the company is dead already. In other countries creditors can force company into konkurz but I am not sure about Switzerland. To find some info at kanton is also not easy.
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Old 30.03.2012, 18:03
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

Would you run this by me again please? I might be slow but I didnt get it.
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Old 30.03.2012, 19:18
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

Enforce a "Betreibung auf Konkurs" for the outstanding payments at the Betreibungsamt use the online form. See relevant law.

If he his unable to pay your salary get him prosecuted according to Art. 165 Swiss Criminal Code.
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Old 31.03.2012, 11:39
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

if they are forced into bankruptcy then you become just another creditor.

as pointed out, raise a betreibung and be well-documented. Get paid before the rest
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Old 31.03.2012, 11:45
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

Betreibung is time consuming. The Arbeitsgericht can stop the company trading tomorrow, and the missing salary will be paid into court account.
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Old 31.03.2012, 11:47
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

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if they are forced into bankruptcy then you become just another creditor.

as pointed out, raise a betreibung and be well-documented. Get paid before the rest
Is there a pecking order as to which creditors get paid first?
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Old 31.03.2012, 11:52
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

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Is there a pecking order as to which creditors get paid first?
The last 3 months salary, social contributions & unpaid pension costs will always be paid.
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Old 31.03.2012, 13:40
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Re: Who can force AG company into bankruptcy so I can recover unpaid salary

There are three ranks, see Art. 219 SchKG

1st Rank.
- Salary for the last six month before bankruptcy.
- Payments toward the second pillar (Pensionskasse)

2nd Rank (if there is still money left)
- Social Insurance payments (AHV, IV, AV, UVG, etc)
- MwSt Payements

3rd Rank (if there is still money left)
- All others

If there is not enough money for one rank all will get an equal percentage share. E.x. the total debt claim is 100% but only 80% assets exists everyone will get 80% of its claim.

The last 4 month of your sallery may (up to approx 10000.-/month ) be paid trough the unemployment insurance as Insolvenzentschädigung. See Art. 52 AVIG

See this Brochure and this website. And also this one.

Arbeitsgericht is not necessary as when he does not pay you have to go to the Betreibungsamt anyway.
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