After harmonising the differences in treatment of blue-collar workers and white-collar workers in connection with notice periods and the non-refunded first day of sick leave, the process of harmonisation continues with occupational pensions. As a result, the Act of 5 May 2014 has been adopted. It provides for the progressive removal of differences of treatment in this area.
The Act of 5 May 2014 provides for progressive harmonisation, taking place through three different periods which are each delimited by the time during which working periods have occurred:
Period 1: Neutralised period
The neutralised period covers the periods worked up to 31 December 2014 inclusive. Until that date, differences in treatment between blue-collar workers and white-collar workers can be introduced/maintained and do not result in discrimination.
Period 2: Transitional/standstill period
The period from 1 January 2015 until 31 December 2024 is, on the one hand, a standstill period and, on the other hand, a transitional period.
The standstill period means that the introduction of new differences in treatment, either by the introduction of a new pension scheme or by the modification of an existing pension scheme, is prohibited. It is also prohibited to increase existing differences in treatment. It has to be mentioned that the possibility of maintaining existing differences in treatment depends on the commitment of the employer to immediately follow a harmonisation process, and hence to show some proactivity.
This period is also a transitional period, as the objective is to gradually remove differences in treatment until they are finally eliminated. Until 31 December 2022, industries will be able to take the lead in signing collective agreements at industry level. If no collective bargaining agreements have been signed by 1 January 2023, the King will be entitled to take measures which are necessary to eliminate differences in treatment, and companies will then also have to act with a view to such harmonisation.
Period 3: Period of exclusion of discrimination
As of 1 January 2025, any difference in treatment based on the distinction between blue-collar workers and white-collar workers, to the extent that they find themselves in comparable situations, will be considered discriminatory and, as a result, forbidden. 1 January 2025 should really to be regarded as a cut-off date, by which the prohibition on introducing differences in treatment which are not reasonably justified will be fully effective in the area of occupational pensions.