Payment of outstanding wage claims by the Labour Office of the Czech Republic

Main information

As an employee of an insolvent employer, you can apply to any regional branch of the Labour Office of the Czech Republic or the contact point of a regional branch of the Labour Office to have your wage claims settled (i.e. wages, salary, compensation, severance pay or remuneration from agreements on work performed outside an employment relationship) that have not been paid by your employer by the due date.

This applies to you if

As an employee, you are entitled to have your wage claims settled by the relevant regional branch of the Labour Office, if:

• the employer has been placed under a moratorium by the insolvency court prior to the commencement of insolvency proceedings, or an insolvency petition has been filed against the employer;
• the employee has outstanding wage claims against the employer that arose during the relevant period, i.e. in the month in which the moratorium was declared or an insolvency petition was filed, in the 3 calendar months preceding that month, or in the 3 calendar months following that month;
• the employee has filed wage claims within the statutory time limit, i.e. no later than 5 months and 15 calendar days from the date of publication of the information about the employer and the time limit within which its employees may file their outstanding wage claims with the Labour Office. If the moratorium declared before the commencement of insolvency proceedings expired within this period, or the court has decided on the insolvency petition other than by issuing a decision on insolvency, wage claims may be filed no later than on the date of the expiry of the moratorium or on the date of the court decision becoming final;
• the employee meets the other conditions under Act No 118/2000 Coll. for the granting of wage claims.

When to use this service

You can use the service if your employer is insolvent and the deadline for exercising wage claims is running.

The employee will initiate the wage claim settlement service by submitting a wage claim settlement application. This application may be submitted from the day after a moratorium has been declared on the employer prior to the commencement of insolvency proceedings or from the day after the date on which an insolvency petition is filed against the employer.

Wage claims may be filed no later than 5 months and 15 calendar days following the date of declaration of a moratorium or the commencement of insolvency proceedings on the Integrated Portal of the Ministry of Labour and Social Affairs.

In the event that the moratorium declared before the commencement of insolvency proceedings has expired within this period or the court has decided on the insolvency petition other than by issuing a decision on insolvency, the wage claims may be filed on the date of the expiry of the moratorium or on the date of the court decision becoming final.

Vyřízení služby - osobně

What you need if you are using this service

You need to fill in the wage claim settlement application form and the annexes. Specimens of the additional documents (annexes) mentioned below are available under the above-mentioned link to the form.

Please include the following with your application:

• proof of the employee’s wage claims
• employment contract
• salary statement
• payslips for the wage claims indicated in the application
• termination of employment
• proof of employment (employment record)
• confirmation from the employer or payroll accountant of unpaid wages

Where and how to solve this service

You can submit your application at any regional branch of the Labour Office or contact point. 

You can find the contact details of the individual contact points on the website of the Labour Office of the Czech Republic in the Regional branches section.

Vyřízení služby - elektronicky

What you need if you are using this service

• A wage claim settlement application,
• documents proving the existence and duration of the employment relationship and 
• documents proving the amount of outstanding wage claims.

Where and how to solve this service

You can submit your application via the Integrated Portal of the Ministry of Labour and Social Affairs.

When submitting your electronically via the website, you must have a data box or have a qualified electronic signature certificate.

You can fill in the form and the individual annexes separately on the website of the labour office – the online form and form annexes separately – and send each one separately. Otherwise, you may fill them in as an online form with annexes, where you fill in the form and the necessary annexes one by one and send them together electronically as a single submission.

The locally competent regional branch of the Labour Office makes decisions on wage claim settlement applications. 

All forms can also be sent to the Labour Office of the Czech Republic using the data mailbox system – the mailbox IDs for individual authorities can be found on this list.

Additional information

What is the benefit of this service

If the conditions pursuant to Act No 118/2000 Coll. are met, employees may be paid wage claims due to them that were not paid by the employer by the due date, up to a maximum of the wage claims due for the 3 calendar months of the relevant period.

Appeal options

If you are not satisfied with the outcome of the procedure for a wage claim settlement, you can appeal against the decision within 15 days of notification of the decision.

Submit your appeal with the regional branch of the Labour Office of the Czech Republic that made the decision on the wage claim. The Ministry of Labour and Social Affairs will then decide on your appeal.

Frequently asked questions

Where can I learn more about this issue?

On the website here Employment | ÚP.