Our pension lawyers can give you advice about pension schemes, drawing up articles on pensions in an employment or termination agreement and the consequences of dismissal with regard to pensions.
For many employees a pension is still an important employment condition which the employer is sometimes obliged to offer and partly pay for. Since there is no pension obligation in the Netherlands, the employer and the employee can agree together about participating in a particular pension scheme.
In practice, this contractual freedom is still often limited. In fact, a collective employment agreement which applies to the employer can oblige the company to offer its employees a pension scheme. An employer may also be obliged to offer employees a pension scheme based on a business sector pension fund that is compulsory by law.
In the case of a compulsory pension scheme, an employee cannot opt to reject this. The employee is obliged to participate and the employer must pay the premium (the employee’s and the employer’s part). In other cases the employee can agree to sign a waiver. In this the employee can explicitly declares that they are not making use of the employer’s offer to participate in a pension scheme.
The employer is obliged to inform the employee about the question of whether a pension scheme applies as an employment condition.
The rules of the Pensions Act and those of employment law apply to pensions as an employment condition, such as, for example, those about a unilateral change of a pension scheme and about dismissal at the age at which an employee is entitled to OAP or reaches retirement (employment termination at retirement age clause). Obviously questions about the pension also play an important role in proceedings related to dismissal and in the conclusion of termination agreements.
GMW lawyers will be happy to help you with all your pension-related legal issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our pension lawyers will be happy to support and advise you.
GMW lawyers will be happy to help you with all your pension law issues. Please feel free to contact us if you have any legal questions.
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13 January 2025
Disappointing Responses on Mandatory Pension Fund Participation
Former Minister for Poverty Policy, Participation, and Pensions, Carola Schouten, recently responded to questions from VVD Member of Parliament Aartsen regarding the frustration among entrepreneurs about lawsuits over mandatory pension schemes.
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22 July 2024
Getting started with the future of pensions act as works council
In this article, we provide some practical tips for the Works Council to have control over the complex pension dossier for the company and employees.
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7 May 2024
Attention: another new development in employment law legal protection
Many labour law rules come from Europe. Therefore, for their application and enforceability, employers and employees should also look to 'Europe'.
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26 March 2024
Loss of pension
It is common for an employer and employee to terminate an employment contract by entering into a settlement agreement.
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7 February 2024
Pension accrual of ‘bogus self-employed persons’ and ‘platform workers’
Last year, the Swedish EU presidency published a draft proposal for a European directive to protect platform workers and combat bogus self-employment.
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4 February 2024
Data breaches at pension funds: mismanagement?
Last year there was another incident: the e-mail addresses of hundreds of ABP participants were made publicly available. ABP is the largest mandatory pension fund in the Netherlands, administering the pensions of civil servants, with estimated assets of 500 billion euros.
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27 January 2024
Supreme Court on amending a pension supplement scheme
On 21 April 2023, the Supreme Court delivered an important ruling on amending a provision in a pension scheme about the granting of supplements (price indexation).
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17 November 2023
Bring your pensions abroad! New EU Court cases!
Many employees who want to move to another EU member State want to bring their pensions with them. Even a lump sum should be possible.
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16 October 2023
Personal notice to each policyholder?
The Court of Rotterdam delivered a judgment with potentially very far-reaching implications for the value transfer of participants' pensions.
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