The WHOA, pensions and workers' rights (In Dutch)
Since the introduction of the WHOA (Wet Homologatie Onderhands Akkoord) on January first 2021, the Netherlands has a procedure for debt restructuring based on the consent of a majority of creditors.
Employees' rights cannot be reduced or changed with this procedure. Do workers' rights include the right of a pension fund to pay overdue premiums? And are workers' rights and the pension fund also immune from a cooling-off period? These controversial questions are the focus of a publication by Van Galen, Struycken and Heumakers in issue 2021/12 of the Monthly Bulletin of Property Law.