Reduction of weekly working hours
September 23, 2009 | 20,00 EUR | answered by Andreas Scholz
Hello,
I registered a company in my name for my sister's boyfriend. Now, I had to file for bankruptcy for the company in February of this year due to his fault. The process is ongoing, and since I also work full-time, the garnishable amount is being transferred directly from my employer to the bankruptcy trustee monthly.
Due to the whole situation causing me a lot of mental stress, affecting my work performance, and leading me to see a doctor, I asked my employer if I could reduce my weekly working hours from 40 to 30. They agreed.
My question: By reducing my working hours, the amount being paid to the bankruptcy trustee would decrease by approximately half (around €200 less). Can I do this easily? Or do I need approval from the bankruptcy trustee?
Thank you in advance for a prompt response.
Dear inquirer,
I assume that you are in the six-year period of good conduct.
During this phase, you are generally expected to maintain a reasonable level of performance, § 295 para. 1 No. InsO.
If your health situation actually requires it, a reduction in weekly working hours is not to your disadvantage. However, you should be able to present medical certificates indicating that a reduction in weekly working hours is medically recommended. You should also inform the trustee early on so that they can take into account the reduced working hours and the resulting loss of income in their payment plan. However, formal approval of the reduction in working hours by the trustee is not required.
Only an insolvency creditor can apply for the denial of the discharge of residual debt due to a reduction in your working hours, not the trustee, § 296 para. 1 sentence 1 InsO. But if the reduction is medically recommended for you, you are not at fault for the fact that fewer payments can be made due to the reduction in working hours. If you are not at fault, the discharge of residual debt cannot be denied to you, § 296 para. 1 sentence 1 InsO, there at the end.
I hope this information is helpful to you. If you have any questions, please ask.
Kind regards,
Andreas Scholz, Attorney
