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Worried, male employee who calls for legal help when the workplace goes bankrupt.

What do I do if the job goes bankrupt?

Has the company you work for gone bankrupt? What happens to your salary and employment relationship? What rights do you have? What member benefits can you use?

What happens to your employment if the business goes bankrupt

When bankruptcy proceedings are opened, an administrator is appointed, and the administrator takes over the management of the company. The purpose is to get an overview and realise the values that remain in the estate.

As an employee, you must deal with the administrator. The administrator must inform all employees of their rights in connection with the bankruptcy.

The bankruptcy estate automatically enters into the employment contracts, but in the vast majority of cases, the administrator will dismiss the employees.

What happens to your salary

Non-payment of salary and holiday pay can be covered through the state's wage guarantee scheme. The wage guarantee is administered by NAV and is intended to secure you salary, holiday pay, pension and other salary benefits that your employer cannot pay due to the bankruptcy.

You can receive an advance on unemployment benefits from NAV for the first month after your employer is bankrupt.

Read more about salary guarantee (nav.no)

The business can continue after a bankruptcy

The fact that the enterprise is declared bankrupt does not have to mean that the activity ceases. Sometimes the business continues by a transfer of business from the estate to new owners.

The new owners can choose which of the employees they want to take with them. They are not bound by the pay and working conditions that applied with the employer who has gone bankrupt. However, you will have preferential rights to employment in the new enterprise. The preferential right applies for one year from the end of the notice period, for positions for which you are qualified.

The employer is not obliged to contact employees with preferential rights. You must therefore follow and apply for vacancies yourself. In the application, you must show that you have preferential rights. 

 

Wage guarantee and financial rights in the event of bankruptcy

The government's wage guarantee scheme is intended to ensure you a salary and other benefits when your employer goes bankrupt. Here you will get an overview of what is covered, who is entitled to it, and how to proceed.
Hva kan du få dekket fra lønnsgarantien?
  • Salary and holiday pay etc. limited in total to twice the National Insurance basic amount (2G) - see fact box.
  • Salary and other claims for a total of six months. You choose which six months are beneficial, they do not have to be consecutive.
  • Salary that is not due further back than twelve months before the deadline date. The deadline day is the day the petition for the opening of bankruptcy was received by the district court
  • Holiday pay earned in the same year as the deadline day and the year before
  • Non-payment to the employer's occupational pension scheme
  • Other pension requirements
  • Outstanding overtime, commission, bonus and time off in lieu due

Supplementary information about what is covered and how to apply can be found on nav.no.

Hva er ikke dekket av lønnsgarantien?
  • Claims beyond one month from the opening of bankruptcy proceedings
  • Expenses you have incurred, such as travel and subsistence expenses.
Hvem gjelder lønnsgarantien ikke for?
  • Self-employed persons and contractors.
  • If you have had an ownership interest of 20 per cent or more, unless you can substantiate that you have not had significant influence over the operations of the enterprise.

 

Hvordan går du fram for å få dekket kravene dine?

Outstanding salary and holiday pay claims must be sent to the administrator. You fill in the requirements on the A-melding that you can find on nav.no. The administrator must check the claims and forward them to NAV salary guarantee. When the administrator has received payment from the wage guarantee, tax will be deducted before you receive the payment.

You can receive an advance on unemployment benefits from NAV for the first month after your employer is bankrupt.

What is the National Insurance basic amount (G)?

As of 1 May 2026, 1 G amounts to NOK 136,549.

  • Most benefits in the National Insurance Scheme are stated in the number of G.
  • The basic amount is adjusted on 1 May each year.

Use your membership benefits in NITO

As a NITO member, you have access to several support schemes that can help you through a difficult period. NITO offers both legal assistance, financial support and career help for members who are affected by bankruptcy.

 

This is how NITO can help you in the event of bankruptcy

As a NITO member, you have access to several support schemes that can help you through a difficult period. Here is an overview of what you can get help with.
Interest-free loan from NITO in the event of an employer's bankruptcy

Saksbehandlingstiden hos Nav kan være lang. Du kan få et rentefritt lån av NITO i påvente av utbetaling. 

Other financial support schemes for NITO members
Career guidance

NITO hjelper deg med CV og søknad i veien mot ny jobb. Du kan også melde deg kurs.

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