WRITTEN QUESTION E-3186/02 by Eluned Morgan (PSE) to the Commission. Protection of pensions.
Date: 2002-11-07
Institutions: European Parliament, Provisional data
Subjects: cessation of trading, labour law, pension scheme, social security, social-security contribution, wage earner

20.3.2004

EN

Official Journal of the European Union

C 70 E/9

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 December 2002)

In its Communication entitled ‘Adapting to change in work and society: a new Community strategy on
health and safety at work 2002-2006’ (1), the Commission pointed out that the social dialogue is an
excellent instrument for establishing innovative approaches.
It allows effective application of existing
legislation and considers all the questions linked to the promotion of well-being at work while taking
account of the risks and specific problems associated with particular branches and professions.

Furthermore, as far as the common fisheries policy is concerned, in the aforementioned Communication
the Commission stated its intention to invite the social partners to identify measures aimed at improving
living, working and safety conditions in the fisheries sector.

In this context, with a view to encouraging and supporting cross-industry and sectoral social dialogue, the
Commission organises meetings of the social partners in the framework of the maritime fisheries sectoral
social dialogue Committee.

Within this committee, the social partners identify and consider issues of common interest, such as
vocational training and workplace safety.

In this context, the social partners are considering the establishment of a European network for vocational
training and employment (Refope).

(1) COM(2002) 118 final.

(2004/C 70 E/009)

WRITTEN QUESTION E-3186/02

by Eluned Morgan (PSE) to the Commission

(7 November 2002)

Subject: Protection of pensions

What measures does the Commission propose to put in place in order to protect employees’ pensions and
contributions which are tied to EU companies, when those companies go bust?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(5 December 2002)

Council Directive 80/987/EEC of 20 October 1980 (1) is intended to protect employees in the event of
insolvency of their employer. It contains not only provisions relating to the payment of employees’
outstanding claims by guarantee institutions but also provisions on social security. Member States are thus
obliged to take the necessary measures to ensure that non-payment of compulsory contributions due from
the employer, before the onset of his insolvency, to their insurance institutions under national statutory
social security schemes does not adversely affect employees’ benefit entitlement.

Member States must also ensure that
the interests of
employees and of persons having already left the business at the date of the onset of the insolvency in
respect of rights conferring on them immediate or prospective entitlement to old-age benefits, including
survivors’ benefits, under supplementary company or inter-company pension schemes outside the national
statutory social security schemes.

the necessary measures are taken to protect

(1) Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating
to the protection of employees in the event of the insolvency of their employer, OJ L 283, 28.10.1980, p. 23.