COMPLEMENTARY PENSIONS AND CHANGE OF COMPANY
Recently, the Council of Ministers has approved a Draft Bill that seeks to guarantee the rights of supplementary pensions when the worker changes companies. The objective is to improve the maintenance and acquisition of complementary rights. However, it is important to note that certain requirements must be met.
The requirements included in the Draft Law are: minimum age of 21 years and a minimum period of seniority in the company for three years.
In some cases and within the negotiation framework, a minimum age may be determined that is less than 21 years, but in no case a minor amount in relation to the minimum time of seniority.
The purpose of this Draft Law is to reinforce and guarantee mobility within the member countries of the European Union. The scope of application of this Preliminary Draft also applies to national mobility. In this way, these rights will be recognized to workers who change their company within Spanish territory.
POINTS TO CONSIDER ABOUT PENSION RIGHTS
As we have seen, the requirements to access this right are the minimum age and length of time in the company. With respect to the first, the minimum age is 21 years. In the case of time worked, a minimum of three years of seniority is required; These requirements may have certain variations, as long as they are within the framework of the negotiation of the Draft Bill.
Fees made by the worker and company
If the employment relationship between the worker and the company ends before three years old, the contributions or quotas made will be reimbursed, both to the company and to the worker. If the termination of the employment relationship occurs after compliance with the three years, the origin insurance contract will be maintained and, in addition, the worker may move to another insurance.
One of the most important aspects of this Draft Bill is the treatment for the worker that terminates the employment contract. With this modification we seek to eliminate any type of discrimination.
In this sense, if the worker terminates the employment relationship after three years of seniority, he must receive the same treatment as the workers who are still working in the company.
The worker must receive clear and concise information regarding the acquired rights, the terms of the termination of the contract and the respective treatment that he will receive with respect to his rights, once the employment relationship ends.
With this Draft Law, the rights of complementary pensions are consolidated. Mobility is promoted within the member countries of the European Union, as well as within Spanish territory.
With all this and as long as the worker meets the minimum requirements, will have these guarantees of recognition of supplementary pensions.
Writings SF Lawyers