GROSS SALARY AGREEMENTS. Gross salary agreements, i.e. agreements that entail that the pay should be determined on the basis of the employee taking the initiative to establish a pen- sion scheme and finance the contributions from their salary, must be respected provided that they can be documented and were entered into before the end of December 1992, and on these further conditions: Under a gross salary agreement, a pension scheme must be established that meets the requirements for existing agreements laid down in this agreement, see the above concerning contributions to existing schemes. A gross salary agreement that the employee did not follow up by establishing a pension scheme before 1 November 1993 – or for companies covered by the collective agreement in the future, no later than 3 months after the collective agreement entered into force – must be followed up at the request of the company to ensure that a pen- sion scheme is established. In connection with this, the company is entitled to withhold an amount of the employee’s gross pay equal to the contribution to the pension scheme stipulated in the collective agreement (the sum of the agreed employee’s and employer’s contributions). If this has not been done before the time limit, a pension scheme for the employees concerned must be established within the scheme established by the parties to the collective agreement. The full amount must be withheld by the company from the gross pay and paid to the pension company. Gross salary agreements entered into from 1 January 1993 must be followed up by establishing a pension scheme within the scheme founded by the parties, and in connection with this, the company is entitled to withhold an amount of the employee’s gross salary equal to the contribution to the pension scheme stipulated in the collective agreement (the sum of the employee’s and employer’s contributions under the collective agreement).
