“Workers who are retrospectively classified as employees may claim pension rights even when no contributions were paid. This study shows that pension funds may depart from pension accrual only in exceptional circumstances.”

What is the focus of the paper?

This study examines whether and under what circumstances pension funds may deviate from the principle of “no contributions, yet pension entitlement” in cases of false self-employment. The research is motivated by the growing number of situations in which working arrangements are retrospectively classified as employment relationships, creating pension rights after the fact. The authors analyze the legal foundations of this principle, the exceptions recognized in legislation and case law, and the role of general legal principles such as reasonableness, fairness, and abuse of rights. They also assess existing and potential pension fund regulations. The study focuses exclusively on pension funds and not on insurers, premium pension institutions, or contribution recovery mechanisms.

What are the key findings?

The principle of “no contributions, yet pension entitlement” remains the starting point, including in cases of false self-employment. Pension rights generally arise regardless of whether contributions were actually paid. Exceptions are only conceivable where the worker consciously and culpably contributed to the false self-employment arrangement or to the absence of contributions. General legal principles offer only limited scope to deny pension rights. Pension regulations may not introduce a generic “no contributions, no pension” rule, although they may provide guidance for case-by-case assessments. Ultimately, the specific facts and circumstances of each case remain decisive.

What are the implications?

  • Pension funds should first assess whether unpaid contributions can still be recovered before considering restrictions on pension entitlements.
  • Pension regulations may provide assessment criteria but may not automatically exclude false self-employed workers from pension rights.
  • Pension funds benefit from timely monitoring, accurate employee registration, and active contribution collection to reduce collective financial risks.
  • Individual assessments should balance the protection of workers with the interests of the collective pension membership.