Regulations 9. Claims by workmen and employees. —

A person claiming to be a workman or an employee of the corporate debtor shall submit ²⁴[claim with proof] to the interim resolution professional in person, by post or by electronic means in Form D of the Schedule:

Provided that such person may submit supplementary documents or clarifications in support of the claim, on his own or if required by the interim resolution professional, before the constitution of the committee.

(2) Where there are dues to numerous workmen or employees of the corporate debtor, an authorised representative may submit one ²⁵[claim with proof] for all such dues on their behalf in Form E of the Schedule.

(3) The existence of dues to workmen or employees may be proved by them, individually or collectively on the basis of –

• (a) records available with an information utility, if any; or
• (b) other relevant documents, including –
  • (i) a proof of employment such as contract of employment for the period for which such workman or employee is claiming dues;
  • (ii) evidence of notice demanding payment of unpaid dues and any documentary or other proof that payment has not been made; or
  • (iii) an order of a court or tribunal that has adjudicated upon the non-payment of a dues, if any.

²⁴Substituted by Notification No. IBBI/2018-19/GN/REG031, dated 3rd July, 2018 (w.e.f. 04-07-2018). Before substitution the words stood as –

“proof of claim”.

²⁵Substituted by Notification No. IBBI/2018-19/GN/REG031, dated 3rd July, 2018 (w.e.f. 04-07-2018). Before substitution the words stood as –

“proof of claim”.