If a Company Goes Bankrupt and Wages Haven't Been Paid

If company goes bankrupt and you get no paid.:会社が倒産してしまったら?

In an event that a company goes bankrupt and it fails to pay wage to you, there is the system in which the government advances the your wage on behalf of the company. This is based on the Security of Wage Payment Law .



Person eligible to receive replacement payment:立替払たてかえはらいをけることができるひと

1.When a company which has been engaged in business activities for a year or more goes bankrupt, and its employee has been laid off from the company without being paid, one is eligible for reimbursement of unpaid wages. However, this system is not applicable to an employee whose total amount of unpaid wage is less than ¥20,000.



2.Employees who have retired from the company on a day within a period from 6 months before the bankruptcy to 2 years thereafter as counted from the day when bankruptcy was filed with the court, or the day for application as a bankruptcy in fact to the Labor Standards Inspection Office (in the case of “de facto bankruptcy”).
“De facto bankruptcy” is only applicable to small and medium-sized companies, wherein the Labor Standards Inspection Office recognizes that a business has become defunct with no chance of reestablishment and is unable to pay wages, even though bankruptcy has not yet been filed.



Unpaid wages subject to replacement payment: 立替払いの対象となる未払賃金

1.Subject to replacement payment is the unpaid sum of the regular wages and the retirement allowance which should be paid during the period from the date 6 months before the resignation to the day before the claim date. Extraordinary wages or discharge notice allowance shall not be subject to the payment.



2.The limit of replacement payment is 80% of the unpaid wages and the ceiling is shown in the following table:

立替払たてかえはらいの限度額げんどがくは、はらわれていないお給料きゅうりょう退職金たいしょくきんの 80%で、したひょうのとおりです。

Please contact the Labor Standards Inspection Office on procedures regarding payments made on behalf of failed companies.



Related Links:
Are Your Working Condition Fair ?:労働条件で困っていない?
Employment Service for foreigners:外国人雇用サービスセンター
What is International Communication Committee in Japan? : 国際交流協会って何?


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