Dutch entrepreneurs can set up a foreign legal entity such as the English "Limited" (Ltd.) with which they are only active in the Netherlands. Sometimes it concerns entrepreneurs with a history of fraud or bankruptcy, who - not for the first time - do not fulfill their obligations. What if you have money from such a limited and the company does not pay? Can you go to the Dutch court to file for bankruptcy or do you have to conduct expensive proceedings abroad?
The statutory scheme assumes that the employee is entitled to the "wage guarantee scheme" if the employer has an inability to pay. In a bankruptcy declared at the request of the employees, this is automatically the case. Very occasionally, there is also an inability to pay without bankruptcy. For example, in the case of a foreign-based company or in the absence of support claims. But in any case, the UWV wants the employees to take action to collect their salary claim. This will almost always have to be done through a lawyer. Only a lawyer has the legal powers necessary to bring the case to a successful conclusion without loss of time.