Conditions and Procedure for Claiming Rights

Conditions

In the case of bankruptcy:

• Applicants must have filed their claims within the deadlines and in the manner prescribed by the Financial Operations, Insolvency Proceedings, and Compulsory Dissolution Act.
  Filing a claim in the bankruptcy proceeding is not required if the proceeding was concluded without any distribution to creditors because the assets available for the bankruptcy estate were insufficient even to cover the costs of the proceeding or were of negligible value.

In the case of compulsory settlement:

• Applicants whose rights were not recognized in accordance with employment regulations must have asserted the protection of their rights.

In international cases:

• Applicants must have submitted their claims in accordance with the insolvency proceedings initiated in another European Union or European Economic Area member state.

Procedure

Applicants must submit their request through the regional office of the Employment Service of the Republic of Slovenia using the designated form, which is available at regional offices.

The application must be accompanied by:

1. Proof of termination of the employment contract due to the initiation of bankruptcy proceedings (e.g., termination decision, notice of termination due to bankruptcy issued by the bankruptcy administrator);
2. Proof of submission of the claim in the bankruptcy proceeding (or in compulsory settlement or insolvency proceedings in another EU or EEA member state, excluding Slovenia), with confirmation of court submission (e.g., court stamp, postal confirmation);
3. A certificate from the employer or bankrupt debtor regarding unpaid claims;
4. A photocopy of the employment contract (only if the employer is based in another EU or EEA member state);
5. Proof of having exercised protection of rights (only required in the case of compulsory settlement).

If the employer is based in another EU or EEA member state (not Slovenia), the worker must obtain the certificate mentioned under point 3 independently.

The deadline for submitting the application is 90 days from the date of termination of employment.

The Fund will decide on a complete application within the legal time limits.