Who can receive payment under this scheme?
The wage guarantee scheme applies to all employment relationships that are subject to employer’s National Insurance contributions (payroll tax).
The following are not covered:
- self-employed people and people who work on commission
- shareholders who own at least 20 per cent of the shares in the company, unless the person in question can substantiate that he or she has not had controlling influence over the operations.
How much will you receive?
If you have an outstanding claim against your employer, the following claims are covered:
- Wages and other employee pay for a maximum of 6 months.
- The pay claim must not have a due date dating back more than 12 months before the day the petition for bankruptcy was received by the District Court (the date of filing). This time limit is absolute.
- Holiday pay accrued in the same year as the date of filing and the year before.
- Pension benefits for a maximum of six months.
- Compensation for lost employee pay for a maximum of 6 months.
- Interest up to the date of filing for outstanding pay claims and collection costs.
- Reasonable costs linked to filing a petition for bankruptcy.
Maximum coverage is limited to twice the National Insurance basic amount (that applies on the date of filing). You can also be reimbursed for reasonable costs linked to filing a petition of bankruptcy.
If you have had other income in the application period, instead of the income you received from your former employer, this income will be deducted from your claim. This also applies to holiday pay. If you have received advanced unemployment benefit, this will be deducted before any payment is made to you.
How long will you receive payments?
Once bankruptcy proceedings have commenced, claims are covered for maximum 1 month from the date on which bankruptcy proceedings commenced. This also applies if a longer period of notice has been agreed or is statutory.
If the enterprise is transferred to a new owner before bankruptcy proceedings commence, and you continue to work for the new owner, you will only be granted coverage for pay claims (including holiday pay) up to the transfer date.
If you were laid-off before bankruptcy proceedings commenced, and your employer implemented the lay-off before the end of the notification period, you may be entitled to “double wages” for the days on which the notification period and employer period coincide. Read more about wage guarantee coverage during a lay-off period.
Other wage-related payments
If you are waiting for your wage guarantee application to be processed you can apply for advance unemployment benefit. A condition for receiving advance unemployment benefit is that you have applied for and are entitled to wage guarantee coverage the first month after bankruptcy proceedings have commenced.
How to apply
You can attach your employment contract, pay slips, year-end certificates, etc. as documentation of your claim. You are responsible for substantiating your claim. The District Court can inform you who the administrator of the estate is. The administrator of the estate is obliged to help you if you have questions about how to fill out the form.
How to submit your application?
Submit your application to the administrator of the estate.
When should you apply?
It is important to adhere to the deadline the court has set for filing claims against the estate.
NAV Wage Guarantee will nevertheless still process claims that are submitted in writing to the administrator of the estate before the bankruptcy proceedings are closed. If the bankruptcy proceedings are closed, the administrator of the estate or NAV Wage Guarantee must have received the claim within 6 months of commencement of the bankruptcy proceedings.
The administrator of the estate checks and assesses the claims. The administrator of the estate sends a recommendation to NAV Wage Guarantee to decide whether the claims may be covered.
After processing by NAV Wage Guarantee, the claims are either approved in full or partly dismissed. It may also be necessary to request more information from the administrator of the estate.
After the claims have been processed, NAV Wage Guarantee sends a letter to the administrator of the estate, who informs you of the outcome.
If your claim is dismissed, you have the right of appeal. The appeal deadline is 3 weeks from the date of receipt of the notification that your claim has been dismissed. Read more about right of appeal.
If your claims are approved, NAV Wage Guarantee transfers the approved amount to the administrator of the estate. The administrator of the estate then transfers the money to you, less any mandatory deductions, such as tax and advance payment of unemployment benefit. Read more about processing times.
Most of the main information about your entitlements and duties is available here in English. There are also links to other more detailed information; however, some of this information is only available in Norwegian.