Judgment with consequences – In the case of PK-changes: personnel are allowed to have a say in the termination of the pension Fund without the Involvement of personnel is invalid: The Federal court has upheld the appeal of Proparis.0 KommentareDas staff has a right of co-determination: Seven restaurant and Patisserie/Confisserie-professional associations had completed by the end of 2017, their membership in the pension Fund Proparis.( Icon image).Philipp Guelland (Keystone)
employees of a company have when there is a change of the occupational pension Fund by the employer a right of co-determination. The Federal court has upheld the appeal of a pension Fund after the termination of the various members.
Seven restaurant and Patisserie/Confisserie professional associations had the end of 2017, their membership in the pension Fund Proparis completed. The Foundation is open to companies and associations, which are members of the Swiss trade Association (SGV). These terminations should later lead to the partial liquidation of the pension Fund.
The Bern BVG and Foundation supervision, and the Federal administrative court stated that the agreement properly was terminated. The Federal court came, however, in his on Tuesday published ruling to a different conclusion and upheld the appeal of Proparis well.
No implied consent
The second social law Department in Lucerne recalled that the termination of the old membership and the entry into a new pension Fund only with the approval of the staff or in this case, his representatives should take place. It is not enough to Orient the staff only after the termination or listen to.
The Federal administrative court assumed that there had been an implicit approval of the personnel, since the workers were informed during the period of notice and no objection would be raised.
The Federal judge does not follow this line of reasoning. The legislature has provided a mechanism, the need for a joint decision of the employer and the employee. The staff had been given a special right of participation.
for A consultation or orientation after the notice of termination is not sufficient. On the contrary, The consent to a pension Fund, change was necessary. Through the Interpretation of the “Shape” as “Oppose”, will the Position of the employees felt weakened, because these would be put before a “fait accompli”.
that’s Why the employer would be bound without the consent of the staff, the hands and the termination of the pension Fund without the Involvement of the staff, accordingly, invalid. (Judgment of 5. May 2020 9C_409/2019)
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