Recently, the Hague Court of Appeal ruled that Booking.com must join the industry pension fund for the travel industry.
The company opposed this because it sees itself as an Internet company. The financial consequences for Booking.com are huge: The parent company estimates that the ruling will lead to an additional cost of 405 million euros. None of that can be charged retroactively to (former) employees. Booking.com must join pension fund PGB with retroactive effect (up to and including January 1, 1999).
Scope investigation CLA and pension
Many such claims can be prevented by a scope investigation for generally binding pension fund or collective bargaining agreement.
It is very important to investigate in case of a takeover, a transition to a new pension scheme or in case of various business activities within the same (group of) company(ies) whether a compulsory collective bargaining agreement or pension fund applies or will apply to your company.
It regularly happens that companies are obliged to follow a collective bargaining agreement and an industry pension fund, without knowing it. Some companies adamantly deny this without having this investigated. This poses a substantial financial risk to you and can mean a financial noose. So when in doubt, do not cross over and have your company find out whether you fall under the scope of a collective bargaining agreement or industry pension fund that has been declared generally binding.
Information?
If you would like more information about the possibilities of a scope of application investigation, please contact our employment lawyers Richard Ouwerling or Lisa Kloot.
