A Pension Plan Is A Contractual Agreement Between An Employer And Its Employees

These and various other factors determine the exact content of the pension promise, if any, that the employer gives to the worker. Another difficulty with the non-incorporation theory is that it appears to have created overlapping jurisdiction over employment matters within the pension adjudicator`s office and labour forums such as labour tribunals and the Conciliation, Mediation and Arbitration Board. This can lead to forum shopping, which, in turn, leads to uncertainty, unpredictability and delay in resolving pension disputes. The precise wording of pension clauses in employment contracts is essential to avoid workers` legal actions. If an employer infringes the duration of the pension of the employment contract, the worker may bring an action before the civil courts for infringement. The worker may also lodge a complaint with the Pensions Ombudsman. One way to do this is to clarify that the worker`s pension benefits are subject to the documents applicable to the plan (as amended from time to time) and to explicitly reserve the employer`s right to make changes to its pension plans at any time. For certain changes to the pension plan, it is mandatory for the employer to consult with active and potential members of the pension plan on the proposed changes for a period of at least 60 days. This is a pension advisory obligation. This requirement is different from any consultation that may be required under labour law (e.g. B a consultation on the modification of the general conditions).

An employer is required to provide a worker with a written statement about his or her «employment data», which contains certain important information provided for by law. .

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