Employer: it is up to you to affiliate the employee to a supplementary pension plan

MIL OSI Translation. Government of the Republic of France statements from English to French – Credits: © ONYXprj – Fotolia.com

The employer has the obligation to affiliate his employees to a supplementary pension plan. This was recalled by the Court of Cassation on May 16, 2018.

An employee claimed damages from his former employer for failing to join him in the Compulsory Supplementary Pension Plan for Managers. His application was dismissed by the Court of Appeal on the grounds that, as chief accountant, he was solely responsible for tax and social returns and had never forwarded the documents to the pension fund. So it was on his own fact that he had not been affiliated.

But the stop is broken. For the Court of Cassation, the obligation to affiliate employees to a supplementary pension plan is still the responsibility of the employer. Otherwise, it incurs its responsibility.

EDITOR'S NOTE: This article is a translation. Please forgive us should the grammar and / or sentence structure not be perfect.