Services
BPF / CAO scope investigation
The consequences, both financial and in terms of labour law, of compulsory affiliation to a sector pension fund (BPF) and/or the applicability of a collective labour agreement can be considerable, and sometimes even disastrous, for an employer.
Haga Pensioenrecht carries out scope investigations to determine whether an employer falls (whether or not retroactively) under the jurisdiction of a BPF and/or a generally binding collective labour agreement. These scope reports are regularly used in legal proceedings.
Haga Pensionrecht also guides employers in both objection proceedings against compulsory affiliation and in exemption procedures. In cases where affiliation with a BPF and/or adherence to a collective agreement is inevitable, Haga Pensioenrecht will work to effect a ‘soft landing’.
Haga Pensionrecht is one of the founders of the BPF Expertise Centre. When it comes to the scope of BPFs, one can rightly consider them to be a unique legal problem with considerable financial and labour law consequences. This applies both to a BPF that is bound by the principle of ‘no premium, but bound by law’, and to a company running into a retrospective pension premium debt. It can even extend to an employer already using a pension plan from another pension provider. Furthermore, pension advisers and accountants run the risk of being held accountable for their failure to exercise duty of care should it appear that no affiliation to a BPF has been enacted.
In the Netherlands, the BPF problem can be seen in many industries and sectors, and a legal procedure may take years and can be costly. Establishing whether compulsory affiliation is justified or not is a lengthy process for both the BPF and the employer. In practice, the BPF Centre of Expertise demonstrates that providing information, being transparent and making timely contact saves both time, costs and also frustration. The BPF Centre of Expertise links all parties involved and provides guidance to BPFs, pension insurers, pension advisors, accountants, lawyers and, of course, employers pertinent to the application and enforcement of any jurisdiction.
Pension & Employee Participation
Pensions are an elusive subject matter for both Works Councils and employers. Haga Pensioenrecht assists parties in the careful following of approval processes and working towards a solution for even the most complex pension issues.
Pensions during Mergers & Acquisitions
In the event of a transfer of undertakings, employee contracts and all rights and obligations associated with them initially apply. In such a case, pensions are often considered to be a ‘step-child’ of the process, which is notable, as often specific special legal rules apply to pensions.
As part of any due diligence investigation carried out at transfer of undertakings, Haga Pensioenrecht identifies and analyses pension risk and reports this to either the transferor, the transferee or both.
Haga Pensioenrecht also carries out extensive audits of any existing legal pension documents.