The Association pour la gestion du régime de Garantie des créances des Salariés (AGS) is socially and economically involved from the moment a collective procedure is opened (safeguard, receivership and judicial liquidation).
The AGS scheme is a real social shock absorber, far from being limited to a simple advance of salaries, and its public interest mission is to maintain the economic and financial viability of companies in difficulty and thus preserve jobs.
Supporting companies in bankruptcy proceedings and their employees
- The advance of funds necessary for the payment of previous salaries, redundancy payments, compensation for notice and paid leave, etc., within the limits set by the labor code;
- The guarantee to receive the sums due in execution of the employment contract and under the most favorable conditions of the European Union;
- The reactivity in the treatment of the files as of the judgment of opening;
- The rapid advance of funds to the judicial representatives to pay the employees.
Helping companies rebound
- The blow of cash flow following the assumption of wage claims by the AGS;
- The possible assumption of part of the support measures for the redeployment of employees following the implementation of a job preservation plan;
- The granting of repayment deadlines for claims outside the plan.
A legal framework
The AGS guarantees the sums due to the employee in execution of his employment contract.
According to the principle of subsidiarity, recourse to the guarantee is subject to prior verification of the absence or insufficiency of funds available in the company to cover the amount of unpaid wage claims.
The scope of its guarantee differs according to the type and stage of the collective procedure.
In safeguard proceedings, the AGS only guarantees severance pay for employees who are dismissed for economic reasons during the observation period or in the month following the adoption of a safeguard plan.
In receivership and liquidation, the AGS guarantees salaries, bonuses and severance payments due to the employee on the day of the opening judgment. It also guarantees severance pay for employees whose employment contract is terminated after the opening judgment, within its guarantee periods, at the initiative of the employer or the organs of the procedure. In the case of a judicial recovery followed by a liquidation, the AGS will also guarantee the wage claims due during the observation period up to a limit of 45 days of wages in amount and duration.