Employment contract after state pension age

The CAO-HBO provides that employment contracts end by operation of law when the employee reaches the state pension age, unless the employer and the employee agree otherwise. As a rule, AUAS does not apply the 'unless' rule. This means that the employment contract ends by operation of law when the employee reaches the state pension age.

However, the end of the employment does not necessarily have to mean that the employee can no longer work at AUAS afterwards. The reason is that the employee can re-enter the employment of AUAS after the termination of the employment contract in connection with the employee reaching the state pension age.

For this new employment, an employment contract for a definite period of time will be concluded. This agreement differs from the employment contract that applied before the employee reached the state pension age in a number of ways. For example, once the employee has reached the state pension age, insurance (and payment of premiums) under employee insurance schemes (WW, WAO, WIA) is no longer required. Participation in the ABP fund and the associated pension premiums will lapse as well.

The salary in this new employment contract with AUAS does not affect the amount of the state pension benefit. In addition, any income received pursuant to the ABP pension or from any other private insurance companies will not be deducted from the AOW benefit either.

The government also encourages continuing to work after reaching the state pension age. Measures for this purpose are laid down in the Dutch Working Beyond State Pension Age Act (Wet Werken na de AOW-gerechtigde leeftijd). However, based on the CAO-HBO 2020, the rule that a maximum of three employment contracts may be concluded over the course of two years applies to higher professional education as well. The measures laid down in the Working Beyond State Pension Age Act and the relaxation of the provisions on the succession of fixed-term employment contracts as laid down in the Dutch Balanced Labour Market Act do not apply to higher professional education. The CAO-HBO does stipulate that persons who have reached the stage pension age must observe a notice period of one month.

More information

In mijnrap.nl*, the Collective Labour Agreement for Universities of Applied Sciences (CAO-HBO) can be found under 'Working Conditions' and 'Popular CLA topics' provides an outline of the key topics in the CLA.

*The first time that you consult mijnrap.nl, you may be shown a one-off intermediate window, where you have to log in using your AUAS ID

Published by  HR 2 July 2020