How to apply for a guarantee insurance benefit

What is a guarantee insurance benefit?

The guarantee insurance benefit is provided to the employee as a result of the employer's insolvency. It serves to satisfy the employee's claims from the labour relationship.

Am I entitled to a guarantee insurance benefit?

You are entitled to a guarantee insurance benefit as an employee whose employer is or was insolvent and therefore did not satisfy your claims from the labour relationship. Such a relationship can be:

  • employment,
  • agreement on execution of labour,
  • agreement on part-time work of students,
  • agreement on labour activity,
  • agreement on labour activity for the performance of seasonal work,
  • a member of the cooperative who is in a labour relationship with the cooperative.

You are not entitled to a benefit if you are an employee who:

  • is a statutory body of the employer and has a share of at least 50% of the employer's property or is a member of the employer's statutory body and has a share of at least 50% of the employer's property,
  • entered into an labour relationship after the employer became insolvent,
  • was notified in writing of the employer's insolvency.

What conditions do I have to meet?

An entitlement to a guarantee insurance benefit commences if the following conditions are met:

  • your employer is insolvent, this applies if:
    • a proposal to declare bankruptcy has been submitted to the relevant court,
    • the court started bankruptcy proceedings without a motion (according to the Bankruptcy and Restructuring Act).

    The date of the employer's insolvency is considered to be the date of delivery of the bankruptcy petition to the relevant court or the date of issuance of the court's decision to initiate bankruptcy proceedings, if the court begins bankruptcy proceedings without a petition:

  • as an employee, you have unsatisfied claims against the employer from the labour relationship, the following claims may be involved:

    • entitlement to wages and compensation for on-call time,
    • entitlement to income for a member of the cooperative,
    • entitlement to remuneration agreed in the agreement for labour performed outside the labour relationship,
    • entitlement to wage compensation for holidays and in case of obstacles at work,
    • the right to compensation for vacation pay, for which the right arose during the calendar year in which the employer became insolvent, as well as for the previous calendar year,
    • entitlement to severance pay upon termination of employment,
    • entitlement to wage compensation upon immediate termination of employment,
    • entitlement to wage compensation in case of invalid termination of the labour relationship,
    • claims for travel, moving and other expenses incurred in the performance of work duties,
    • the right to compensation for material damage in connection with a work accident or occupational disease,
    • entitlement to income compensation in case of temporary incapacity for work,
    • court costs in connection with the application of employment claims in court, including the costs of legal representation.

How do I apply for a guarantee insurance benefit?

1

Complete and sign the benefit application

Application for a guarantee insurance benefit (SK) (the application form is also available in branches of the Social Insurance Agency).

2

Attach the employer's confirmation to the application

Confirmation from the employer for the purpose of entitlement to a guarantee insurance benefit (SK), in which the employer is obliged to confirm wage claims that were not paid to you by the employer for the period:

  • the last three months of the labour relationship before the employer's insolvency or
  • the last three months before the end of the labour relationship, which were not satisfied by the employer.

Attention, the mentioned three months for which you are applying for a benefit must fall within the period of the last eighteen months before the onset of insolvency or before the termination of the labour relationship.

In addition to the employer, the confirmation can also be filled out by the provisional administrator of the bankruptcy estate or the administrator of the bankruptcy estate (if they were appointed).

If you do not have the confirmation available, you can send the request even without the specified form.

3

Enclose attachments to the application

a list of which can also be found on the application form:

  • photocopy of the court decision on wage compensation in case of invalid termination of employment,
  • photocopy of the court's decision on the award of court costs incurred in connection with the application of claims from the employee's employment relationship in court, including the costs of legal representation,
  • photocopy of the labour contract,
  • photocopy of the agreement on the execution of the labour,
  • photocopy of the labour agreement,
  • photocopy of agreement on part-time work of students,
  • photocopy of agreement on labour activity for the performance of seasonal work,
  • photocopy of the document on the termination of the labour relationship (submit if the employment relationship was terminated),
  • other.
4

Deliver the application together with the attachments to the Social Insurance Agency branch,

in which the employer is registered to pay insurance premium, or any branch of the Social Insurance Agency.

You can deliver the request to:

  • personally,
  • by post or
  • via eShránka, if you have it activated and use an electronic ID card - eID ID (more information can be found on the Central portal of public administration slovensko.sk).

 

 

GOOD ADVICE:

We recommend submitting the application for the benefit within 60 days of the employer's insolvency or the termination of the labour relationship.

For more information, see the section GUARANTEE INSURANCE - Guarantee insurance benefit (SK).