Pensions and employment law are directly related. When an employment contract is concluded, a decision needs to be taken on whether to also conclude a pension agreement and if so, what form this should take. Is there an obligation to provide a pension, for example by virtue of the Sectoral Pension Fund (Obligatory Membership) Act 2000? And can an employer exclude on-call workers from membership of its pension scheme?
It may also be necessary to make changes to the pension agreement after the employee has been hired, for example because of changes to the regulations. Can such amendments be implemented unilaterally or is the consent of the individual employee required? And what role does the Works Council have?
Pensions also play an important role when the employment contract is terminated. Has the employment contract ended by operation of law because the employee has reached the retirement age for the state pension? What consequences does dismissal or resignation have for the pension? And what if someone wishes to carry on working after reaching the state pension retirement age?
Pensions can even be a factor after the employment contract has been terminated. One example is the situation where the employer wishes to change the indexation scheme.
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Pensions are an area that merits attention. That is partly because the rules governing pensions are constantly changing. For example, the past few years have seen changes to the tax framework and the age from which the state pension [AOW] is paid. But the pension is also an important employee benefit. The pension's significance as an employee benefit will only increase in the years to come. In many cases, amendments to the pension agreements concluded between the employer and its employees will be unavoidable.