Professional Documents
Culture Documents
Notice
The English translation has no legal force and is provided for information purposes only.
The original Dutch text of this Collective Labour Agreement will always prevail.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
5
5
5
5
5
6
6
6
Term
Scope of Agreement
Application of the Collective Labour Agreement
The Individual Employment Contract
Probationary Period
Periods of Notice
Suspension
Further Agreements
2. REMUNERATION
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
Income Adjustments
Job Title Valuation (Job Grading)
Fixed Remuneration
Variable Remuneration
Labour Market Bonus
Holiday Allowance
Year-end Bonus/Annual Payment
Transitional Policy for Remuneration
7
7
7
8
9
10
11
11
11
3. WORKING HOURS
12
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
12
12
12
12
13
13
13
14
General
Adjustment of Working Hours
Discernable Time Off
Compensation for Extra Working Hours
Business Hours and Work Times
Variable Work Times
Extra Work
Reimbursement of Expenses for a Meal
4. LEAVE REGULATIONS
15
4.1
4.2
4.3
4.4
4.5
4.6
4.7
15
15
Public Holidays
Holiday
Special leave
Adoption Leave
Emergency Leave
Leave given to Carers
Unpaid Leave
16
16
17
17
5. PENSION
18
5.1
5.2
5.3
5.4
5.5
5.6
5.7
18
19
19
20
20
20
21
General
Start of Participation and Standard Pension Age
General Pension Schemes
Transitional Provisions for Pensions
Transitional Provisions for Early Retirement
Proviso
Personal Contribution in the Pension Premium
23
6.1
6.2
6.3
6.4
General
Goals and Sources
Calculation
Results
23
23
24
24
25
7.1
7.2
7.3
25
25
25
General
Childcare
Sabbatical Leave
ING -CAO
7.4
Life-course Savings
26
8. EMPLOYABILITY
28
8.1
8.2
8.3
8.4
8.5
8.6
28
29
30
30
31
31
General
Supporting Employability
The older employee
The employee who does not maintain sufficient employability
The employee who is voluntarily placed in a job position with a lower grade
Training Facilities
9. CONDITIONS OF EMPLOYMENT
32
9.1
9.2
9.3
32
32
32
33
10.1
10.2
10.3
10.4
33
34
35
37
General
Shift Bonus (subject to the provision in 10.4 Transitional Provision)
Reassignment Payment
Transitional Provision
38
11.1
11.2
11.3
11.4
38
45
46
46
Occupational Disability
Health Insurance
Anniversary Bonus
Payment on Death
46
51
13.1
13.2
13.3
13.4
51
51
51
52
Right of Complaint
Interpretation of the Collective Labour Agreement
Information and Consultaton during Reorganisation
Trade Unition Facilities
14. APPENDICES
54
14.1
14.2
14.3
14.4
14.5
14.6
14.7
14.8
14.9
14.10
14.11
54
57
61
65
69
70
70
71
74
76
77
Definitions
Salary Scales and Transitional Policy for Remuneration
Basic Pension Scheme
Available Premium Scheme
Voluntary Supplementary Insurance (VAV)
ANW-gap Insurance
WAO-gap Insurance
Transitional Provisions for Pensions
Transitional Provisions for Early Retirement
Compensation for cessation of transitional provisions for VUT shift work
Protocol for Job Security
ING -CAO
The undersigned:
The employer:
-
ING -CAO
PRAMBLE
The strategy and objectives of the HR policy are the building stones of, and are derived from, the
general strategy and objectives of the ING Group. The HR policy is an integrated part of the entire
company policy at all levels.
The HR policy is visible in the way in which we work together and relate to one another. In
everything that ING undertakes, top priority is given to quality, professionalism, integrity, precision
and creativity. This way of doing business relies on the expertise and dedication of its employees
and on a correct mentality and team spirit at every level of the organisation. The social climate is a
co-production of everyone who works in the business unit.
We also assume that the employees have integrity and are enterprising, that they feel responsible for
the quality of their work and for their efforts, that they are client-oriented, are willing to collaborate
and that they conduct themselves like good colleagues. In this way, the company's business interests
and the wishes of the employees are united in the goal of making ING Group a client-oriented,
quality-conscious and successful company.
The employee plays an active role in all of this; even with respect to determining the path his career
takes, for which he is responsible to a large degree. Where possible, he should take the initiative.
ING will support him in this endeavour when possible.
In developing the HR policy, the following principles form the foundation on which it is built:
recognising the personal worth and the equality of each employee, regardless of race, sex,
nationality, natural inclinations, religious faith or philosophical convictions, at every level of
the company;
striking a balance between the interests of the employee and those of the company.
ING -CAO
1. GENERAL
1.1 Term
The Collective Labour Agreement will be valid for 32 months. It takes effect on 1 May 2004 and
runs up to and including 31 December 2006.
If neither party in the Collective Labour Agreement lets it be known, via a registered letter
(recorded delivery) and no later than three months prior to the time at which this Collective Labour
Agreement expires, that it wishes to end the agreement or wishes to change one or more provisions
in the agreement, then the agreement shall automatically be extended for a period of one year.
b.
c.
The legal provisions pertaining to the term and termination of employment contracts (Articles
667 up to and including 686 in Book 7 of the Dutch Civil Code) apply. Generally speaking,
the employee shall be employed for an indefinite period.
In departure from the provision of Article 668a, paragraph 2 of Book 7 of the Civil Code, the
period during which an employee has worked as a temporary employee at ING, prior to his
entering official employment at ING including interruptions of less than 3 months shall be
regarded as a single employment contract for a definite period in respect of what is stated in
Article 668a, paragraph 1 of Book 7 of the Civil Code.
The employment ends on the last day of the month preceding the month in which the employee
retires. The employment ends by law, in any case, on the last day of the month preceding the
month in which the employee turns 65.
ING -CAO
b.
c.
The employment contract can be terminated in compliance with the legal provisions
concerning such termination and periods of notice (Article 670 et seq, of Book 7 of the Civil
Code).
If, in the employees individual employment contract, a period of notice is agreed to that is
longer than that resulting from law, then this period also applies to notice of termination by
ING. But if a longer period for ING ensues from Article 672, paragraph 2 of Book 7 of the
Civil Code, then this period should be adhered to.
The period of notice for ING is reduced by one month when a dismissal permit is granted as
referred to in Article 6 of the Labour Relations Decree (Buitengewoon Besluit
Arbeidsverhoudingen). In any event, the period of notice for ING shall never be less than one
month.
1.7 Suspension
a.
b.
c.
Should there be a serious or repeated violation of the ING General Code of Conduct or of
other internal rules and regulations given by ING on the part of the employee, then ING can
suspend the employee without pay for a maximum of seven working days as a disciplinary
measure.
If ING has serious grounds for suspecting the employee of acts or conduct that would justify
an immediate termination of employment, then ING can place the employee in non-active
status for the duration of the investigation. If the suspicion that led to the non-active status is
not confirmed, then a written rehabilitation of the employee shall follow if the employee so
desires.
If the acts or conduct do not lead to immediate termination, but rather to notice being given or
a request to dissolve the employment contract, then ING is entitled to continue the non-active
status.
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2. REMUNERATION
The personal development of the employees and the individual or group
results they have achieved contribute to determining the income within
the salary structure. Each year, the individual salary increase is
established - within a range of salaries - on the basis of the assessment,
provided the maximum salary in the salary scale has not yet been
achieved. In addition to this fixed salary structure, ING also has a scheme
for variable remuneration in order to reward employees for results
achieved in a more specific and discerning manner. ING implements this
scheme in phases.
2.1 Income Adjustments
2.1.1
Structural Salary Increase
The personal monthly salaries of the employees and the salary scales will be increased by 1.25% as
of 1 August 2005 and by 1.5% as of 1 January 2006.
2.1.2
One-off Payment
In July 2005, employees who are employed on 30 June 2005 will receive a one-off payment equal
to 1.5% of their annual salary (including holiday allowance and year-end bonus and any bonus for
extended working hours). The personal monthly salary of June 2005 shall be used as the basis for
this payment. This one-off payment is related to the positive operating results in 2004.
In October 2005, employees who are employed on 30 September 2005 shall receive a one-off
payment equal to 0.65% of their annual salary (including holiday allowance and year-end bonus and
any bonus for extended working hours). The personal monthly salary of September 2005 shall be
used as the basis for this payment. This one-off payment is meant as compensation of the fact that
the structural increase of 1.25% shall not take place on 1 January 2005.
One-off payments are not counted when determining the pensionable earnings.
ING -CAO
2.2.3
Job Grade Structure
The job titles have been placed in a job grade structure that consists of 15 successive job grades,
numbered 1 to 15. For the employees in the field staff of ING, the job grades listed in Chapter 14,
Article 14.2 apply.
4
min
0.0%
0.0%
0.0%
0.0%
0.0%
3
max
2.4%
2.0%
1.6%
0.0%
0.0%
min
2.4%
2.0%
1.6%
0.0%
0.0%
2
max
3.2%
2.8%
2.4%
0.0%
0.0%
min
3.2%
2.8%
2.4%
2.0%
0.0%
1
max
4.0%
3.6%
3.2%
2.8%
0.0%
min
4.0%
3.6%
3.2%
2.8%
2.8%
max
6.4%
6.0%
5.6%
5.2%
5.2%
With an assessment score of 2, it is possible to grow to 105% of the maximum in the scale and with
an assessment score of 1, it is possible to grow to 110%.
The allocation of the individual salary adjustment takes place annually on 1 April.
ING-CAO 1 May 2004 to 31 December 2006
ING -CAO
2.3.5
Salary Scale Change
A salary scale change exists if the salary scale changes in the context of a training course for a job
position without the job grade changing.
In a salary scale change, the salary is increased by an amount equal to at least one, and no more than
two, times the maximum increase amount linked to a job assessment score of 3 in the new salary
scale and in so far as the maximum salary in the new salary scale is not exceeded as a result. In all
cases, the salary increase must at least achieve the minimum of the new salary scale. In principle,
salary scale changes take place once a year, on 1 April.
2.3.6
Promotion
A promotion takes place when the employee moves into another job position that is classified in a
higher job grade.
On the promotion of an employee to a higher job grade, ING re-establishes the salary of the
employee as of the first day of the month in which the employee is promoted by ING.
On the promotion, the salary is increased by an amount equal to at least one, and no more than two,
times the maximum increase amount linked to a job assessment score of 3 in the new salary scale
and in so far as the maximum salary in the new salary scale is not exceeded as a result.
If, on being promoted, a higher maximum salary pertains to the employee, the increase in the salary
potential is deducted from any personal bonus and included in the monthly salary.
b.
c.
d.
e.
f.
General
The parties have conducted intensive consultation concerning the application of variable
remuneration in relation to performance management in a broad sense, and value a balanced
application of performance management by striking a good balance between result-oriented
guidance and the development of employees. The parties ascribe to the objectives and
principles of performance management within ING. With respect to the introduction and
evaluation of variable remuneration regulations, the parties seek to achieve transparency and
verifiability.
The introduction of variable remuneration shall be limited to commercial, commerce-related
management and key functions.
ING can introduce variable remuneration in each business unit only for groups of job positions
and not for individual job positions or employees, nor can it exclude individual job positions
or employees from an established group of job positions.
Variable remuneration can be introduced by ING at any time during the calendar year, but in
principle the introduction of the system shall coincide with calendar or budget years as far as
possible.
During the term of the Collective Labour Agreement the trade unions will be consulted
concerning the total picture of the evaluations. Based on this, the parties will decide whether,
and if so, under what conditions, further introduction of variable remuneration can take place.
This can lead to additional agreements and an expansion of the groups to which variable
remuneration shall be applied and the range within which remuneration can be granted.
The provisions in Article 2.4 do not apply to employees in the field staff of ING. Variable
remuneration regulations for business units that were already applicable prior to the start of the
introduction processes referred to under Article 2.4.1.a shall remain applicable.
2.4.2
Application of Objectives
a. The scheme for variable remuneration is based on the concept of giving a financial reward for
the achievement of objectives within a particular time span (a calendar year or a budget year).
These objectives are agreed to in advance with the employee, evaluated in the interim by the
management and the employee, and assessed later on by the management in consultation with
the employee.
b. The objectives pertain to:
ING-CAO 1 May 2004 to 31 December 2006
ING -CAO
10
2.4.3
Establishing Variable Remuneration
a. The amount of the annual variable remuneration is established retrospectively each year, on the
basis of the final assessment of ING concerning the degree to which the objectives have been
realised during the period in question.
b. The amount of the variable remuneration to be achieved and paid is expressed as a percentage of
12 times the average monthly salary and any bonus for extended working hours, for the period
to which variable remuneration applies, increased by the holiday allowance and year-end bonus
for the established calendar year or budget year, in accordance with the following table.
This table, showing ranges in percentages for variable remuneration, shall be used during the
term of this Collective Labour Agreement:
Job Grade
6 to 10
11 to 12
Normal
3% to 6%
5% to 10%
Maximum
6% to 9%
10 % to 15%
The range expresses the percentage of variable remuneration that can be awarded if the set
objectives are achieved (normal) or if the objectives have clearly been exceeded (maximum).
c. Half of any applicable personal bonus is deducted from the amount of the variable remuneration
paid up to a maximum of half of this variable remuneration. As of 1 January 2005, this
deduction of the personal bonus has been dropped for the payment of the variable remuneration
for the period starting on 1 January 2005.
d. The variable remuneration is not included as a basis for the calculation of any other
compensation, bonus or payment mentioned in the Collective Labour Agreement, nor for the
calculation of the pensionable earnings and the basis for the supplement scheme, as referred to
in Chapter 14, Article 14.7.
e. If ING terminates the employment of the employee in the interim, then ING is not obligated to
pay any variable remuneration to the employee. If the employee terminates employment at his
own request or changes job positions in the interim, then he can qualify for a pro rata variable
remuneration, provided he has sufficiently realised his objectives in the opinion of ING.
ING -CAO
11
ING -CAO
12
3. WORKING HOURS
3.1 General
An average number of working hours of 36, 37 or 38 hours a week pertains to the employee on an
annual basis. In establishing the conditions of employment, 36 hours a week is assumed to be the
average number of working hours.
The provisions in this chapter do not apply to employees in the field staffs of ING or to employees
in job grades 13 up to and including 15.
ING -CAO
13
For an average number of working hours that exceeds 36 hours a week, a bonus for extended
working hours shall be awarded on top of the salary for the hours worked beyond the 36 hours.
From the bonus for extended working hours paid for the hours worked between 36 and 40 hours,
pension shall be built up in the indexed average pay scheme. This also applies to the employees in
job grades 13 up to and including 15.
ING -CAO
14
ING -CAO
15
4. LEAVE REGULATIONS
4.1 Public Holidays
On public holidays, the employee has a right, in so far as work activities permit, to take a day off
with pay. The following days are recognised public holidays:
- New Year's Day
- Good Friday
- Easter Sunday and Easter Monday
- Ascension Day
- Whit Sunday and Whit Monday
- Christmas Day and Boxing Day (25 & 26 December)
- Queen's Birthday (30 April)
Starting on 5 May 2005, the 5th of May shall be celebrated as a public holiday once every 5 years.
Those persons belonging to a recognised non-Christian religious community can take unpaid leave
on the religious holidays of their faith up to a maximum of 3 days per calendar year.
4.2 Holiday
4.2.1
Scope of Holiday Entitlement
The employee's average number of working hours and the age that the employee will reach in the
year concerned are used as the basis for determining the holiday hours for a particular year. The
following holiday hours pertain to the employee who works 36, 37, 38 or 40 hours a week on
average:
Average Working Hours
Age
to 34 years
35 to 44 years
45 to 54 years
55 years and older
36 hours
37 hours
38 hours
40 hours
180.0
194.4
208.8
216.0
185.0
199.8
214.6
222.0
190.0
205.2
220.4
228.0
200.0
216.0
232.0
240.0
For employees whose average number of working hours is less than 36 hours a week, the holiday
hours are established proportionally.
If an employee enters or leaves employment in the course of the calendar year, the holiday hours are
reduced proportionally.
If, on 1 June 2000, the employee was entitled to more holidays than the number given under the
ING Collective Labour Agreement, then these holidays will be guaranteed (converted) as
guaranteed hours. If the average number of working hours is reduced, the guaranteed hours are
adjusted in proportion to the reduction.
4.2.2
Required taking of holiday hours
The management of a business unit can designate one day on which the employee is required to take
holiday hours if the Works Council of the business unit concerned consents to this.
ING -CAO
16
4.2.3
Establishing the Holiday
In accordance with the wishes of the employee, the manager shall establish the dates on which the
employee will take holiday hours, unless there are important reasons for objecting to this. These
dates will be established unless the manager notifies the employee in writing about these important
reasons for objection within two weeks after the employee has made his wishes known. If the
employee so desires and the number of remaining holiday hours is sufficient, he will be permitted to
take three successive weeks of holiday.
The legal period of limitation for holiday rights applies (Article 7:642, Book 7 of Civil Code).
4.2.4
Occupational Disability
The employee who is partially occupationally disabled, with regard to the acquisition and taking of
holiday entitlements, is considered to be fully able to work.
In the case of full occupational disability, the employee builds up holiday rights only for the last 6
months of his full occupational disability.
4.3.2
Application
The scheme for special leave shall, in cases arising, also be applied for a registered civil partnership
and for employees who share a common household with another person or maintain a long-term
stable relationship in another way.
ING -CAO
17
emergencies that require the presence of the employee in order to make arrangements on that day,
after which the employee can resume his work activities.
ING -CAO
18
5. PENSION
5.1 General
The pension provisions consist of general pension schemes, transitional provisions for pensions and
transitional provisions for early retirement.
The general pension schemes are:
Name of scheme
Explained
under
Basic Pension Scheme
ING Pension Fund Foundation
14.3
Nationale-Nederlanden
Available Premium Scheme (BPR)
14.4
Voluntary supplemental insurance
14.5
ANW-gap Insurance
14.6
WAO-gap Insurance
14.7
Participation in the general pension schemes is open to all employees who meet the criteria
described in the scheme.
The transitional provisions for pensions are:
Name of scheme
Insured with
Insured with
Explained
under
Transitional provisions for pensions 2002
14.8.1
ING Pension Fund Foundation
Transitional provisions for pensions 2006
14.8.2
Pre-pension Scheme
14.8.3
Transitional Provision for BPR 2006
Nationale-Nederlanden
14.8.4
In the transitional provisions for pensions it is established how amended legislation and regulations
as well as agreements in the Collective Labour Agreement affect the retirement pension, and to
whom these provisions apply. To the extent that it is required by tax law, the aforementioned
provisions shall be elaborated in separate regulations.
For the schemes insured with the ING Pension Fund Foundation, rights can only be derived from
the pension regulations established by the Board of the ING Pension Fund Foundation, on the
advice of the Pension Fund Members' Council. Every adoption or amendment of the regulations, in
so far as it is not stipulated otherwise, needs the approval of the Board of ING Nederland.
Before the Board of ING Nederland approves the regulations, ING will give the trade unions the
opportunity to assess, within 14 days, whether the regulations, or amended regulations, are a good
reflection of the agreements reached between the parties to the Collective Labour Agreement.
The indexation of pensions, pension rights and premium-free pension rights of the schemes insured
with the ING Pension Fund Foundation is conditional. There is no right to an indexation and it is
uncertain whether, and to what extent, an indexation will take place in the future. The question of
whether and to what extent the ING Pension Fund Foundation will index the pensions and prepensions, and the pension rights and premium-free pension rights, at any time, depends on a
decision to do so and financing provided by the Board of ING Nederland. If and to the extent that
this condition is met, the Fund will modify the already active pensions and pre-pensions, and
pensions rights and premium-free pension rights.
For the schemes insured with Nationale-Nederlanden, rights can only be derived from the
regulations established by the Board of ING Nederland with the consent of the Central Works
Council.
ING -CAO
19
Explained
under
14.9.1
5.3.1
-
5.3.2
Available Premium Scheme
Pension rights are built up on the fixed annual salary above the maximum amount via an available
premium scheme.
5.3.3
Voluntary Supplementary Insurance
Employees can take out supplementary pension insurance policies on a voluntary basis.
5.3.4
ANW-gap Insurance (ANW = Dependants Benefits Act)
ING gives employees the opportunity to insure themselves to cover the ANW-gaps by participating
in a group insurance policy.
ING-CAO 1 May 2004 to 31 December 2006
ING -CAO
20
5.3.5
WAO-gap Insurance
All employees are required to participate in the WAO-gap insurance in order to make up the
shortfall in income during long-term occupational disability.
This insurance will be cancelled when the WIA (Work and Income (Ability to Work) Act) takes
effect. This change will have no effect on current payments.
5.5.2
Transitional Provision for VUT Shift Work
The transitional provision for VUT (voluntary early retirement) shift work applies to employees
who work in continuous shift work and who meet the criteria given in 14.9.2. As of 1 January 2006,
the transitional provision is limited to employees who were born before 1 January 1950.
5.6 Proviso
The pension schemes and the transitional provisions for pensions shall be submitted to De
Nederlandsche Bank and the Dutch Tax Authorities for review. The transitional provisions for early
retirement shall be submitted to the Tax Authorities. If, as a result of this review, parts of the
provisions need to be modified, then consultation will be held at that time between the parties to the
Collective Labour Agreement concerning the modifications to be made.
ING-CAO 1 May 2004 to 31 December 2006
ING -CAO
21
The pension schemes shown in Chapter 14 are valid in respect of the aspect occupational
disability until the date on which the Work and Income (Ability to Work) Act (WIA) takes effect.
The parties to the Collective Labour Agreement shall work out the consequences of this Act for the
different pension schemes later.
5.7.2
Calculating the percentage of the Personal Contribution in the Pension Premium
The personal contribution is paid as soon as the advancing average pension costs of any year
amount to more than 10% of the wage costs. Half of the percentage above this 10% shall be borne
by the employer and half, with a maximum of 5%, shall be borne by the employee.
The pension costs of any year are calculated as the sum of the IAS pension costs, the costs of the
economic capital (that the employer must reserve on the balance sheet for pension commitments)
and the contribution of the employer to the Life-course Savings Scheme (excluding the one-off
ING-CAO 1 May 2004 to 31 December 2006
ING -CAO
22
5.7.3
Entering the Personal Contribution in the Pension Premium into salary accounts as
Euros
Each month the pensionable earnings are calculated and multiplied by the percentage for the
Personal Contribution in the Pension Premium. This produces some fluctuation from month to
month if there have been changes in the fixed income and of course if there has been variable
income.
The pensionable earnings for the fixed income are established each month on the basis of the
pension-bearing fixed wage components with a deduction of 1/12 of the contribution-free portion of
income.
The pensionable earnings for the variable annual income are established each month on the basis of
1/12 of the pension-bearing variable wage components of the previous 12 months.
For employees who have a notional pensionable salary, such as expats, people with a partial
occupational disability, employees with a retirement scheme, etc., the Personal Contribution in the
Pension Premium is calculated on the notional pensionable salary because pension is also built up
on that salary.
ING -CAO
23
Up until this date, the employee had the option, within the bounds of the PC scheme
approved by the tax authorities, of making use of the exemption granted by the Income Tax
Act to the reimbursement of the costs of purchasing computers and peripheral equipment
up to the maximum allowed by tax law.
d. Saving for a higher pension:
The employee can save for a higher pension within the possibilities offered by the
voluntary supplementary insurance policies of the ING Pension Scheme as referred to in
Chapter 14, Article 14.5.
e. Trade Union contribution.
f. ING Salary Savings Scheme*:
The employee can, within the possibilities offered by the ING Salary Savings Scheme,
make use of the savings facilities included in the Income Tax Act up to a legal maximum.
g. Saving in a Life-course Savings Account*.
*
Each year, employees can elect to save money in either the Salary Savings Scheme or the
Life-course Savings Scheme. It is not possible to save money in both schemes at the same
time during a single calendar year.
Sources
personal monthly salary
year-end bonus
maximum 10% of 13.96 times the personal monthly salary
holiday allowance
holiday hours*
extra work compensation
standby compensation
shift bonus
commission income
variable remuneration
bonus for extended working hours
Profit-sharing payment ING (WING)
accrued leave balance for sabbatical leave
balance of individual time account
ING-CAO 1 May 2004 to 31 December 2006
ING -CAO
24
Each calendar year, the employee can sell holiday hours up to a maximum of two times his
personal number of working hours per week. This pertains to holiday hours:
- that have been allocated above the legal minimum number of holiday hours (4x personal
number of working hours per week).
- that have been allocated as extra holiday hours based on a guarantee scheme.
6.3 Calculation
In order to make a link between goals and sources, it is necessary to make the following calculation:
sources and goals are converted to income per hour according to the formula: (personal monthly
salary plus 1/12 of the annual holiday allowance and year-end bonus) divided by (the personal
working hours times 52 (weeks) divided by 12 (months)).
6.4 Results
If the gross salary is increased or lowered as a result of choices made in the conditions of
employment, this can have consequences for:
The bases used for the payment of benefits under social insurance laws and the right attached to
them;
The requirement to be insured in accordance with the National Health Insurance Act
(Ziekenfondswet) up to 1 January 2006;
Income-related subsidies.
The consequences of the choices made and those not made, e.g. in the areas of social security and
taxes, as well as the risk of changes occurring in the relevant circumstances, including legislation,
jurisprudence and the policy of the Tax Authorities or other implementing organisations, shall be
borne by the employee and will not be compensated by ING. If, in view of the circumstances, it is
considered unreasonable to hold the employee to his choice, a solution can be sought in the revision
of the choice. This happens in consultation between the manager and the employee. On termination
of the employment, any overpayment or underpayment shall - if necessary - be rectified.
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7.2 Childcare
The Childcare Scheme is included in the Staff Handbook. In line with the Childcare Act, ING
makes a contribution towards childcare equal to one-sixth of the costs incurred for childcare.
7.3.1
General
The employee will be given the opportunity, once every 5 years, for a maximum of 3 successive
months, to take full-time paid leave (sabbatical leave).
ING offers this possibility from the conviction that such a period will contribute to the personal
development of the employee and provide an opportunity for reflection and reinvigoration in a
society that is changing at an ever-increasing speed.
7.3.2
Conditions
The sabbatical leave is available to every employee with an employment contract for an indefinite
period. The employee is free to choose how he wants to spend the leave. But he is not permitted to
perform paid work (in paid employment or otherwise).
The employee has the right to return to the same job at the same work location on the basis of the
original number of hours, unless something else has been agreed in advance. The sabbatical leave
may not be extended with other forms of leave, such as taking holiday hours, parental leave,
adoption leave and leave for carers. The sabbatical leave may also not immediately precede
voluntary early retirement or standard retirement.
7.3.3
Request
The employee who wishes to qualify for sabbatical leave must submit a written request for the leave
at least 3 months prior to the start of the desired sabbatical leave. The manager and the employee
will establish in consultation the period in which the sabbatical leave will be taken. The time of the
leave must fit in with the operational management and should preferably be taken at logical
moments, such as when an employee changes jobs. Once the time for a sabbatical leave has been
saved, the sabbatical leave must be taken within a period of 2 years.
7.3.4
Accumulating Sabbatical Leave
The employee saves for sabbatical leave in the following ways:
- holiday hours from Chapter 4, Article 4.2.1 of the ING Collective Labour Agreement that have
been allocated beyond the legal minimum number of holiday hours (4x personal number of
working hours per week), plus the extra holiday hours that are awarded on the basis of a
guarantee scheme.
The maximum number of holiday hours that can be saved annually amounts to two times the
ING-CAO 1 May 2004 to 31 December 2006
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26
In the year in which the sabbatical leave is taken, the holiday entitlements for that year may be used
for the sabbatical leave; but the sabbatical leave may not exceed the period of 3 months as a result.
With respect to holiday hours saved for a sabbatical leave as provided for in Chapter 4, Article 4.2.1
of the ING Collective Labour Agreement, ING will not invoke the legal limitation period of five
years, as stipulated in Article 7:642, Book 7 of the Civil Code.
7.4.2
Employer's Contribution
For employees who were born on or after 1 January 1950, ING makes a premium available annually
for depositing into the individual Life-course Savings Account. This premium is equal to 3.5% of
the annual salary (13.96 x the personal monthly salary, including bonus for extended working hours,
such that the bonus for extended working hours is corrected for the holiday allowance and the yearend bonus) and any income from commissions*. This premium is made available on a monthly
basis.
For employees that are employed on 31 December 2005 and were born in the years 1950 up to and
including 1954, ING will make a one-off extra contribution to the Life-course Savings Scheme
available when they reach the age of 58 (provided the employee is still employed at that time). This
will be done as follows:
Year of birth
1950
1951
1952
1953
1954
One-off contribution at 58
25 %
21.5 %
18 %
14.5 %
11 %
In consultation with the Retail and Intermediar Divisions, it will be determined which commission income will count
ING -CAO
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The one-off contribution will be made available in the month in which the employee turns 58 and
will be calculated by multiplying 13.96 by the personal monthly salary in the month in which the
employee turns 58, including the bonus for extended working hours (corrected for holiday
allowance and the year-end bonus) and any commission income*. Choices made in the context of
la carte will be left out of consideration for the determination of the personal monthly salary.
Contributions made by ING to the Life-course Savings Scheme do not count when determining the
pensionable earnings. The periods of leave taken in the context of the Life-course Savings Scheme,
in so far as a leave period does not exceed a period equal to 13x the personal working hours, shall
not be counted as employment time for the build-up of pension. If, during the leave, less than 100%
of the last-earned pay to which the employee was entitled immediately prior to the commencement
date of the leave is withdrawn from the balance of the individual Life-course Savings Account, then
the build-up of pension shall continue to the extent that this is permitted under tax law. Another
condition is that, during the period of leave, the build-up of pension will continue if the contribution
of the employee to the pension premium is maintained.
In consultation with the Retail and Intermediar Divisions, it will be determined which commission income will count
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8. EMPLOYABILITY
8.1 General
a.
ING is committed to providing equal opportunities for every employee within the organisation
and maintains a non-discrimination policy. As an international organisation, ING is very
diverse in terms of both geography and culture. ING thinks that the composition of the Group's
staff should reflect the composition of its customers. The policy of ING in the area of diversity
is based on respect for the individual. In specific cases in which a specific target group is
discerned to be in a disadvantaged situation, ING will take specific measures to rectify this.
b.
ING and the employee should be continually aware of the dynamics of organisation ties and
should anticipate possible changes by giving continual attention to the development and
employability of the employee; both within the company and outside, on the job market in the
Netherlands. In this connection, ING and the trade unions attach great importance to the
employability of employees.
c.
Employability pertains to the development of employees, young and old, to the structural
maintenance of their knowledge and skills within their current job position and to the
development of their knowledge and skills with a view to developing their careers inside their
own business unit, or even outside ING. By increasing the opportunities for development,
employees can be kept within the ING family.
d.
ING has made the subject of employability the spearhead of its focus for the coming years,
along with the instruments that promote it. In this context, special attention will be given to the
career policy, the education policy and the policy on mobility and prevention of mobility.
e.
Each division/business unit within ING Nederland will draft an employability plan as a part of
the medium term plan (MTP). Each year, it will be ascertained whether new developments
have arisen that make it necessary to adapt the plan. The employability plan will focus on the
relationship between future company objectives and the HR policy to be developed/followed.
This plan will be discussed with the Works Council as a part of the company policy. In this
way the contents will become the subject of discussion within the company and thus made
accessible to the employees.
f.
ING promotes the career development of employees within ING by facilitating individual or
group employability instruments.
g.
for there to be insight into the strategy, future strategy and corresponding objectives of
the business unit, as well as into the size and quality of the current workforce and the
preferred staff numbers in relation to the organisation in the future;
for the management to be encouraged, guided and assessed with respect to the
application of the employability policy;
for employees to be encouraged and coached so that they devote themselves to their
personal employability.
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h.
Together, ING and the employee bear responsibility for the maintenance and development of
the employee's employability and his opportunities on the job market. As the starting point for
this, the employee is primarily responsible for his own development and actively seeks to keep
his knowledge and skills at the highest possible level.
b.
By creating the right conditions, the management of ING will stimulate the activities of the
employee that are focused on increasing his knowledge and skills or developing them further.
ING will ensure that the management of ING has sufficient capability to be able to lend support
to the employee, assisted by experts if necessary.
c.
ING endeavours as far as possible to ensure that the work agreed to, the conditions under
which this work is performed and the manner in which it is organised fit in with and promote
the development of the employee.
d.
At least once a year in the coaching meeting, the manager holds a discussion with each
employee concerning the development in his job performance and in his knowledge and skills,
in the light of his personal circumstances and ambitions, and developments in the employee's
work field, both within ING and on the job market. The following points can, in any case, be
brought up for discussion:
- current competencies and the manner of performance;
- pressure and ability to deal with it;
- career planning;
- desired development of competencies.
On the basis of this discussion, the employee and the manager draft a Personal Employability
Plan (PEP) for the employee. This plan contains concrete and verifiable objectives and
agreements with respect to career planning, the associated development of competencies and
the efforts of the employee in this sphere, as well as the facilities in time and money made
available by ING.
e.
On the initiative of the manager or the employee, it can be agreed that the employee is given a
career check. The purpose of the career check is to investigate what type of career development
suits the abilities of the employee. The career check can take place only once every five years.
A condition for it is that the employee must be permanently employed for at least 3 years. The
Career Service Centre (CSC), among others, provides the necessary facilities for this.
f.
Employees who are looking for another job, perhaps due to supernumerary staff, shall be
supported in this search by ING. The employee's manager shall play a primarily role in this.
Support for this effort will also be provided by the Employability & Mobility advisor.
g.
Employees who are seeking another job or who are investigating another job can, in
consultation with the manager, make use of the facilities available within ING (e.g. CSC)
and/or outside ING with respect to career assistance and advice.
h.
All job openings are placed on the job site of Work@ING. Employees can also have the actual
job openings at ING sent directly to their e-mail account via the Job search agent on the basis
of the search criteria the employee enters. This increases the transparency of the internal job
market at ING. Employees who hold a priority position are given priority for a job opening
ING -CAO
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over the other applicants if the candidate is qualified for the job or can be made so within one
year..
8.3.1
An 58-year-old employee who, on turning 58, has had a personal work load of at least 36 hours a
week for at least the last 5 years is given the opportunity to work part-time, and thus his working
week is reduced to 32 hours. The conditions of employment are modified, with the exception of the
number of holiday hours, on the basis of a working week of 34 hours. The number of holiday hours
is calculated on the basis of a 32-hour working week. The build-up of pension occurs on the basis of
a 36-hour working week. What has been stated above also applies to employees at the moment they
have been employed within ING for 40 years. For employees with a personal number of working
hours that is less than the average of 36 hours a week, the arrangement above shall be applied pro
rata.
8.3.2
Voluntary Demotion
In a situation in which the manager and the employee have determined that the job of the employee
has become too much of a burden for him in recent years, the employee is given the opportunity,
from the age of 55, to take a different job position on a voluntary basis. If this job position has a
lower job grade, then the employee is classified in the associated salary scale. As long as the
personal monthly salary exceeds the maximum salary of this lower salary scale and the new salary
scale is one scale lower than the original scale, then the salary will not be adjusted in line with any
salary adjustments made by virtue of the Collective Labour Agreement. If the new salary scale is
more than one scale lower, then the part of the salary that is equal to the difference between the
maximum salary of the new salary scale and the maximum salary of the salary scale just above it
will be reduced in five steps of 20% per year. The build-up of pension continues unchanged.
When classifying the employee in a lower salary scale, consideration is given to the average
salary development attached to an assessment score of 3 in the old salary scale. After the
employee has changed job positions, the new annual income is used as the basis for the
build-up of pension.
ING-CAO 1 May 2004 to 31 December 2006
ING -CAO
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b) if the employee has held his job position for more than three years, then when being placed
in a job position with a lower job grade, the employee will be classified in the lower salary
scale. As long as the personal monthly salary exceeds the maximum salary of the lower
salary scale, the salary will not be adjusted in line with any salary adjustments made by
virtue of the Collective Labour Agreement. After the employee has changed jobs, the same
annual income is used as a basis for the build-up of pension.
8.5 The employee who is voluntarily placed in a job position with a lower grade
If an employee is placed voluntarily (i.e. at his own request) in a job position to which a lower
job grade is linked, then he will be classified in the lower salary scale. If the personal monthly
salary exceeds the maximum salary of that lower salary scale, the difference between the current
and the new salary shall be allocated to the employee in the form of a personal bonus. This
bonus will then be reduced gradually over three successive years; in the first year the bonus will
be set at 75% of the difference, in the second year at 50% and in the third year at 25%. After the
change in job positions, the new annual income is used as the basis for the build-up of pension.
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9. CONDITIONS OF EMPLOYMENT
9.1 Working Conditions Covenant (Arboconvenant)
ING has committed itself to the Working Conditions Covenant that was signed by the Ministry of
Social Affairs and Employment, the Trade unions and the Netherlands Bankers' Association. The
covenant not only applies to the banking divisions but also to the insurance divisions of ING in the
Netherlands. Even when the covenant has expired, ING will continue to try to meet the objectives
of the covenant: reducing absences due to illness and occupational disability, reducing the number
of employees with RSI symptoms and the number of employees with complaints ensuing from their
workload. The activities are a part of the chain approach of prevention, identification, sick-leave
supervision and reintegration.
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2.
The commencement date of the present scheme is 1 January 2006. As of that date, the
following schemes will cease to exist:
-
Provisions concerning shift work from the Collective Labour Agreement for the banking
industry (included in the ING Collective Labour Agreement 2003-2004, Chapter 14.
Appendices)
SPA concern scheme for Computer Services, a scheme for shift work, rescheduled work,
standby duty and on-call duty for employees in the Computer Services department.
Definitions
Shift Work: working on a duty roster that introduces working outside the normal office hours
in accordance with a fixed scheme. This includes the following concepts:
Semi-continuous Shift Work: a system of shift work in which work is performed for five
24-hour periods without interruption.
Full-continuous Shift Work: a system of shift work in which work is performed the entire
week without interruption.
Altered Working Hours: working hours that have a fixed variance from the usual working
hours.
Shift Bonus: the financial bonus paid as compensation for working on shift.
Compensation: the applicable shift bonus as well as the time off granted in accordance with
Article 10.2.3. This article does not apply to employees in the cleaning services.
3.
For shift work, the work performed outside the usual office hours should be recorded on a
roster and, in this way, explicitly linked to a particular job position.
When creating or changing rosters, the employees involved will be consulted as soon as
possible. In principle, rosters are established for a period of at least 3 months, or longer in so
far as the roster cycle necessitates it.
When creating a roster for shift work, it is endeavoured to give the employee at least two
successive days off per week. If these days off follow a night shift, then the sleep time after the
night shift is not designated as a day off. After the roster has been drawn up, the employee will
receive an overview showing the roster for the entire department, including principles and
rules followed.
The shift work is determined on the basis of the full cycle of working hours, i.e. 36 hours a
week.
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4.
In principle, no extra work will be given to the employee in Full-continuous Shift Work or
Semi-continuous Shift Work. If this proves to be necessary in exceptional circumstances, then
the extra work compensation will preferably be given in the form of equal time off. The
compensation for extra work is calculated in accordance with Chapter 3, Article 3.7. Here, the
hourly wage is derived from the personal monthly salary, including the average shift bonus, as
referred to in Article 10.2.
5.
6.
If, as a result of working a shift duty, the employee does not have the chance to eat an evening
meal at home, then the provision given in Chapter 3, Article 3.8 applies mutatis mutandis.
7.
During holiday hours, the personal monthly salary will continued to be paid in compliance
with the shift bonus calculated in accordance with Article 10.2.
If the provisions of Article 10.1 are met, the compensation given for working in shift work is
awarded. The size of the shift bonus is as follows:
Monday to Friday inclusive:
hours from 00:00 to 07:00
hours from 07:00 to 21:00
hours from 21:00 to 24:00
+ 50 %
n.a.
+ 50 %
Saturday:
hours from 00:00 to 08:00
hours from 08:00 to 17:00
hours from 17:00 to 24:00
+ 50 %
+ 25 %
+ 100 %
Sunday:
hours from 00:00 to 24:00
+ 100 %
A break of half an hour will be counted as working hours, to be taken in the hours outside the
usual office hours (Monday to Friday inclusive, from 00:00 to 07:00 and from 21:00 to 24:00,
Saturday from 00:00 to 08:00 and from 17:00 to 24:00 and Sunday from 00:00 to 24:00).
2.
A public holiday as referred to in Chapter 4, Article 4.1, that does not fall on a Sunday and
that is included in the roster for shift work is considered the same as a Sunday, and also results
in an equal number of compensatory extra holiday hours. The employee who works a shift on
a public holiday that falls on a Saturday or Sunday shall receive, instead of the bonus referred
to in paragraph 1, a bonus of 50% of the hourly wage for the hours worked on Saturday until
17:00, a bonus of 150% of the hourly wage for the hours worked on Saturday after 17:00 and a
bonus of 150% of the hourly wage for the hours worked on Sunday. For the hours worked on
New Year's Eve after 20:00, the bonus is 150%.
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3.
If the employee works in full-continuous and semi-continuous shift work, the compensation
shall be paid in the form of a financial shift bonus amounting to a maximum of 10 % of the
personal monthly salary, and the rest in the form of time off. This compensation in time
referred to here will not change the agreed working hours. If a shift is ended earlier at the
request of ING, the shift shall be paid in full nonetheless.
4.
In the case of altered work times, the compensation is paid entirely in the form of money.
5.
The time off that is incorporated into the rosters should be weighted according to the table
given in section 1.
6.
a. The shift bonus forms the basis for the holiday allowance referred to in Chapter 2,
Article 2.6.
b. The shift bonus forms the basis for the payments paid in accordance with Chapter 11,
Article 11.1, in the sense that this bonus is taken into consideration by including it in the
personal monthly salary.
7.
On the basis of serious business management reasons or serious social reasons, Article 10.2,
paragraph 3 or Article 10.2, paragraph 4 can be departed from, one time only, by temporarily
maintaining the scheduling method valid for the implementation (simplified or not). This
temporary exception can be used individually or for the department as a whole.
This possibility to depart from these provisions in the implementation in January 2006 shall be
assessed in advance by the parties to the Collective Labour Agreement.
When drafting the next ING Collective Labour Agreement, the necessity of extending the
temporary departure from these provisions, inasmuch as the departure has not ended in the
meantime, shall be reconsidered by the parties to the Collective Labour Agreement. Interim
termination can take place when the roster situation in the department changes structurally, e.g.
due to a change in the work supply.
For each form of shift work that qualifies for a shift bonus in the form of money amounting to
more than 5% of the personal monthly salary, a reassignment payment takes effect in the event
this bonus ceases entirely or partially, based on changes made for business management
reasons, or based on the rejection of the employee for the shift work in question on medical
grounds, or based on social reasons recognised by ING that make it impossible for the
employee to work in shift work. This reassignment payment only applies if this reduction is
not the result of a replacement of compensation in money by compensation in time.
2.
The following table shows how the duration of the reassignment payment corresponds with the
duration of the shift bonus and also how high the reassignment payment is as a percentage of
the shift bonus or the bonus reduction. For this calculation, the amount of the bonus is
established as the bonus that was received on average in the 12 months prior to either the end
of the bonus or the reduction of the bonus for the period in which the bonus was received.
For the duration of the shift bonus, the reassignment payment amounts to the following, over 4
successive periods (in months):
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DURATION OF SHIFT
BONUS
From
to
80%
60%
40%
20%
3/4 year
1 year
2 years
3 years
4 years
5 years
6 years
7 years
8 years
9 years
10 years
15 years
20 years
1
2
3
4
5
6
7
8
9
10
11
12
15
18
1
2
3
4
5
6
7
8
9
10
11
12
15
18
1
2
3
4
5
6
7
8
9
10
11
12
15
18
1
2
3
4
5
6
7
8
9
10
11
12
15
18
1/2 year
3/4 year
1 year
2 years
3 years
4 years
5 years
6 years
7 years
8 years
9 years
10 years
15 years
20 years or
longer
3.
The employee who is 60 or over, and who has received a shift bonus for 10 years or longer,
will receive a reassignment payment to the amount of that bonus, which will remain in effect
and unchanged until the date on which he reaches standard retirement age or the retirement age
as stipulated in the transitional provision in Chapter 14, Article 14.9.2.
If an employee reaches the age of 60 during the term of a reassignment payment ensuing from
a shift bonus that has existed for 10 years or longer, then the reassignment payment that is in
effect on his 60th birthday continues to be applicable, unchanged, until the date on which he
reaches the standard retirement age or the retirement age as stipulated in the transitional
provision in Chapter 14, Article 14.9.2.
4.
The employee who is 55 or over, and who has received a shift bonus for 15 years or longer,
will receive a reassignment payment that amounts to at least 75% of that which is stipulated in
paragraph 3 for the employee who is 60 or over, and who has received a shift bonus for 10
years or longer. This shall remain in effect, unchanged, until the date on which he reaches the
standard retirement age or the retirement age as stipulated in the transitional provision in
Chapter 14, Article 14.9.2.
5.
The reassignment payments are adjusted in line with the salary adjustments made by virtue of
the ING Collective Labour Agreement.
6.
If the employment is ended, then any reassignment payment that the employee may receive
also ceases.
7.
ING can deduct increases in the personal monthly salary of the employee in question from the
reassignment payment, entirely or partially, with the exception of the salary adjustments made
by virtue of the ING Collective Labour Agreement.
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37
For employees who were already working in shift work on the implementation of Article 4 of
the Collective Labour Agreement for the banking industry (1 April 1995 to 1 April 1998), the
usual working hours are defined as follows: Monday to Friday inclusive from 08:00 to 18:00.
The following bonus pertains to these employees:
Monday to Friday inclusive:
hours from 00:00 to 06:00
hours from 06:00 to 08:00
hours from 08:00 to 18:00
hours from 18:00 to 20:00
hours from 20:00 to 24:00
+ 75 %
+ 25 %
n.a.
+ 25 %
+ 75 %
+ 100 %
2.
The compensation shall be made in the form of a financial shift bonus amounting to a
maximum of 25 % of the personal monthly salary, and for any remainder, in the form of time
off. As a result of compensation granted in time off as referred to here, the agreed working
hours shall not change. If a shift is ended sooner at the request of ING, the shift will
nonetheless be fully paid. The above applies only to working in full-continuous and semicontinuous shifts.
3.
The bonus, in the case of altered working hours, is paid out fully in money.
4.
On the basis of serious business management reasons or serious social reasons, Article 10.4,
paragraph 2 or Article 10.4, paragraph 3 can be departed from, one time only, for the
implementation of the provision by temporarily maintaining the scheduling method that
applies to the implementation (simplified or not). This temporary exception can be used
individually or for the department as a whole.
This possibility of departing from these provisions for the implementation in January 2006
shall be assessed in advance by the parties to the Collective Labour Agreement.
When drafting the next ING Collective Labour Agreement, the necessity of extending the
temporary departure from these provisions, inasmuch as the departure has not ended in the
meantime, shall be reconsidered by the parties to the Collective Labour Agreement. Interim
termination can take place when the roster situation in the department changes structurally, e.g.
due to a change in the work supply.
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ING -CAO
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11. If, in connection with the occupational disability of the employee, ING can claim damages from
one or more third parties, then the employee shall co-operate fully in this claim.
12. In so far as the employment continues, the supplement to the WAO benefit shall result in a cut
in the gross personal monthly salary. The cut will be made monthly on the fixed components that
are a part of the WAO income payment. The cut in the year-end bonus and the holiday allowance
shall be withheld from the personal monthly salary.
On the salary slip, the supplement is listed under cut made in connection with partial WAO.
Table of Cuts Made
Percentage of cut
0%
5%
7.5%
10%
12.5%
15%
18%
25%
Because the cut calculated for the year-end bonus and the holiday allowance is withheld from the
monthly amount, the percentage of the cut will be 16.33 % higher. A condition for the continued
application of the table of cuts made is that ING receives the WAO benefit directly from the UWV.
The employee must give ING the authority to do this and continue to authorise it. Any payment
made pursuant to the group occupational disability insurance will also be paid to ING.
Adjustment of the supplement
The supplement for partial occupational disability will be adjusted in the following situations:
in the case of salary adjustments made by virtue of the Collective Labour Agreement;
if the degree of the occupational disability changes;
if the employee starts to acquire income from work performed in an additional job, or if
existing income from work is increased.
Income must be reported to ING under penalty of losing the rights granted by the present regulation.
The income will, in principle, be deducted from the supplement.
Termination of the Supplement
The supplement shall end at the moment that:
the employee reaches standard retirement age;
the employee dies before reaching standard retirement age;
it is discovered that the occupational disability is the result of gross negligence or intention on
the part of the employee;
it is discovered that the employee intentionally provided inaccurate or incomplete information
concerning his health status on entering employment;
the Benefits Agency ceases to pay the WAO benefit entirely or partially in the interim;
ING is not longer authorised to receive the WAO benefit from the Benefits Agency;
the employment contract with the employee is terminated.
c. Income during the second year of illness for employees whose first day of illness was on or
after 1 January 2004 and before 1 January 2006:
ING-CAO 1 May 2004 to 31 December 2006
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The employee who is still occupationally disabled after 52 weeks shall receive 100% of the personal
gross monthly salary from the 53rd up to and including the 104th week of the occupational
disability as long as the employment with ING continues.
d. Income during the second year of illness for employees whose first day of illness is on or after
1 January 2006:
The employee who is still occupationally disabled after 52 weeks shall receive 70% of the personal
gross monthly salary from the 53rd up to and including the 104th week of the occupational
disability for the hours not worked as long as the employment with ING continues.
For the hours worked, he shall receive 100% of the personal gross monthly salary.
No later than after the end of the first 52 weeks of occupational disability, the Reintegration Team
will ascertain whether the employee has co-operated sufficiently with his reintegration. If, in the
judgement of the Reintegration Team, the employee has sufficiently co-operated with his
reintegration, he will qualify for the conditional salary supplement of 20% of the gross personal
monthly salary for the hours not worked in the second year of illness. In this assessment, the
requirements based on the Wet Verbetering Poortwachter (Eligibility for Permanent Invalidity
Benefit [Restrictions] Act) shall be the point of departure.
After the first 104 weeks of occupational disability or, if sooner, as soon as the occupational
disability has ended, the Reintegration Team will assess whether the employee is able to realise the
maximum achievable reintegration level within the possibilities available. If, in the opinion of the
Reintegration Team, the employee has realised the maximum achievable reintegration level, then he
is eligible for the conditional bonus of 10% of the gross personal monthly salary for the hours not
worked in the second year of illness. This bonus will be paid with retroactive effect after the end of
the first 104 weeks of occupational disability. In the assessment, consideration will be given to the
degree of effort made by the employee, the flexibility demonstrated by the employee and the speed
of the reintegration against the backdrop of the established reintegration plan.
The employee who is certified as fully and permanently occupationally disabled before the end of
the first two years of illness, on the basis of the flexible assessment of the UWV, will receive a
supplement up to 100% of the personal gross monthly salary from the 53rd week up to and including
the 104th week of the occupational disability as long as the employment with ING continues.
e. Income starting the third year of illness for employees whose first day of illness is on or after 1
January 2004:
1. After 104 weeks of occupational disability, the occupationally disabled employee may possibly
qualify for a benefit based on the WIA.
The job position and the number of hours in the resumption of work are determinant for the new
gross personal monthly salary. The occupationally disabled employee will receive a supplement to
the benefit received based on the WIA and/or the monthly salary in accordance with the following
scheme and pursuant to the provision under 12.
The supplement scheme consists of the benefit received on the basis of the WIA, increased by the
supplement received from ING. A condition for being able to continue applying the supplement
scheme is that ING must receive the WIA benefit payment directly from the UWV. The employee
must authorise ING for this purpose and continue to authorise it.
If, when handling a request to pay a social benefit based on the WIA, the Uitvoeringsinstelling
Werknemers Verzekeringen (official body implementing employee insurance schemes - the UWV)
establishes that the reintegration efforts performed by ING have been insufficient and as a result
decides that the period in which the employee has a right to receive a salary from ING will be
extended, then for this extended period the employee shall continue to be paid his salary and a
possible supplement as he was paid during the second year of his illness. This extended continuation
of salary payment shall continue until the third year of the occupational disability at a maximum.
ING-CAO 1 May 2004 to 31 December 2006
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43
II. The new gross personal monthly salary is equal to or higher than 50% of the residual
earning capacity, but lower than the residual earning capacity. The employee receives:
the possible new gross personal monthly salary supplemented by 75% of the difference
between the original gross personal monthly salary and the residual earning capacity.
III. The new gross personal monthly salary is lower than 50% of the residual earning capacity
or the employee has not yet been offered a job position which enables him to utilise a part of
his determined residual earning capacity. The employee receives:
the possible new gross personal monthly salary supplemented by 75% of the difference
between the original gross personal monthly salary and the residual earning capacity. The
employee receives an extra supplement amounting to the difference between 50% of the pay
value of the residual earning capacity and the new gross personal monthly salary.
If the employee refuses to accept a job position offered by ING in which a part of his residual
earning capacity can be utilised, the employee will receive no supplement.
When the degree of occupational disability is less than 35%
The employee who has a partial occupational disability of less than 35% will continue to be
employed by ING. Partially occupationally disabled employees whose degree of occupational
disability is less than 35% do not qualify for benefits based on the WIA. If this employee is
relocated, the best possible effort will be made to find a job position at a similar level to the
original job position.
The employee who has a partial occupational disability of less than 35% will qualify, starting
from the third year of illness, for a possible supplement to the new salary. This supplement is
provided for a maximum of 3 years. The employee with a partial occupational disability of less
than 35% will, if he works, receive his new gross personal monthly salary supplemented by 50%
of the difference between the original gross personal monthly salary and the new gross personal
monthly salary.
2. Based on the provisions in this article, the employee will never receive more than he would have
received if he had not become occupationally disabled. The aforementioned payments will be based
on an unreduced benefit payment based on the WIA.
3. The gross personal monthly salary as referred to in this article is understood to mean the gross
monthly salary that the employee received on the last day prior to his occupational disability. The
new gross personal monthly salary is understood to mean the salary that the employee earns when
resuming work.
4. The continued payment of salary and supplements referred to in this article will be terminated
when the employment contract with the employee ends.
5. ING has the right to refuse or suspend the continued payment of salary and any supplements
paid with it as referred to in this article in the cases specified in the law.
6. ING has the right to refuse to pay the supplements referred to in this article to the employee:
a. that does not comply with the rules and reasonable instructions during his illness
(regulations for absence due to illness) that apply to and have been made known to him, or
b. who refuses to co-operate with a second opinion requested by ING from the UWV or
c. who refuses to use the available safety equipment or who violates the regulations made
known to him in advance concerning safety and health and, as a result, has become
occupationally disabled or
d. who, without a valid reason, refuses to co-operate with reasonable regulations or measures
taken by ING or by one of the experts appointed by ING which are aimed at enabling the
employee to perform suitable work as referred to in Article 658a, paragraph 3, Book 7 of the
ING-CAO 1 May 2004 to 31 December 2006
ING -CAO
44
Civil Code, or
e. who refuses, without valid reasons, to co-operate with the drafting, evaluation and
modifying of a plan of approach,
f. who refuses to take a job offered by ING through which he can utilise a part of his
residual earning capacity.
7. Without prejudice to the provision given in Article 11.1.e, paragraph 5, ING can impose a
sanction on the employee if the employee does not comply with the rules and reasonable
instructions that apply to him and that were made known in advance in the case of illness
(regulations for absence due to illness). The provision in this article section shall be developed
further in consultation with the Central Works Council. These regulations for absences due to
illness are contained in the Staff Handbook.
8. If ING makes an offer to an employee for suitable work within ING or elsewhere, then ING will
always do this in writing. Suitable work within ING takes priority over suitable work elsewhere.
Every offer made will state the legal right of the employee to ask for a second opinion from the
UWV, if he is in doubt about the suitability of the offer, within two weeks after the written offer is
made.
9. If an employee accepts suitable work with an employer outside ING and, for an equal number of
working hours, has a lower income there than the last-earned income at ING, then ING shall pay
part of the difference in income, with a phased reduction in the percentage paid, over a period of 3
years. In the first year, the employee receives 75% of the difference, in the second year 50% and in
the third year 25%.
The amount of the payment shall never be more than 25% of the income received with the new
employer.
The income with an employer outside ING is understood as the sum of:
- 12x the monthly salary;
- any bonuses;
- the holiday allowance applicable to the year in which employment started;
- Year-end bonus and any pension-bearing bonuses (no compensation for extra work);
- any shift bonus;
- other emoluments that do not have the character of the reimbursement of costs incurred
during the exercise of the job position;
- any whole or partial WIA benefits received or that could have been received.
The supplement received in accordance with this regulation can be capitalised and paid as a lump
sum on the date on which the employment ends.
10. If an employee has accepted suitable work with a different employer and, within half a year
after starting the work activities, it looks as though this relocation will not lead to a contract for an
indefinite period, then ING will discuss possible subsequent actions with the employee. This
discussion will cover the possibilities of individual assistance financed from an REA subsidy
(Disability Reintegration Act) and the Personal Reintegration Budget.
11.The employee who asks for a second opinion from the UWV with respect to the written offer
from ING of suitable work with an employer outside ING is required, pending the ruling of the
UWV, to accept the offer and to enter employment with the new employer. If the UWV then rules
in favour of the employee, the employment with ING can be re-established if the employee so
desires. In such case, ING shall resume its relocation efforts.
12. If, in connection with the occupational disability of the employee, ING can claim damages from
one or more third parties, then the employee shall co-operate fully in this claim.
13. Adjustment of the supplement
The supplement for partial occupational disability will be adjusted in the following situations:
in the case of salary adjustments made by virtue of the Collective Labour Agreement;
if the degree of the occupational disability changes;
if the employee starts to acquire income from work performed in an additional job, or if
existing income from work is increased. Income must be reported to ING under penalty of
losing the rights granted by the present regulation. The income will, in principle, be deducted
from the supplement.
14. Termination of the Supplement
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46
Health Insurance and all private health insurance. The current private group health insurance that
ING has concluded with Nationale-Nederlanden Zorg/ONVZ will end on 31 December 2005. The
current 60% gross employer's contribution will also cease to exist as of that date.
Under the new Health Insurance Act, employees are legally required to pay an income-related
contribution amounting to 6.5% of their income (up to a maximum income of 30,015). ING is
legally required to reimburse them for this income-related contribution. No extra employer's
contribution will be provided.
During the Collective Labour Agreement negotiations, ING was still holding discussions with
Nationale-Nederlanden Zorg/ONVZ concerning a group health insurance for ING employees. This
will lead to a new health insurance scheme which will be included in the Staff Handbook.
ING -CAO
47
and field staff employees without commission (Technical Field Staff of NationaleNederlanden).
Working Hours
The norms included in the consultation regulation of the Working Hours Act are the
frameworks used to establish the working hours and break times.
The Working Hours (Adjustment) Act (Wet Aanpassing Arbeidsduur) applies if a field
staff employee submits a written request to the management asking to work part-time.
This Act does not apply to a request from a field staff employee asking for an increase in
the personal working hours.
12.2.2
Leave Regulations
In departure from the provision given in Chapter 4, Article 4.2.1, the holiday rights shall be
established in days of holiday according to the scale below. For full-time employment, the
number of days of holiday per year shown below applies. For the other provisions of Article
4.2, one day of holiday is equal to 8 holiday hours.
Age
up to 34 years
35 to 44 years
45 to 54 years
55 years and older
25
27
29
30
If the field staff employee had a right to more days of holiday on 1 June 2000 than those
shown in the scale above, he will keep these extra days until the moment at which this right is
less than, or equal to, the number of days allocated on the basis of this Collective Labour
Agreement.
12.2.2.2 Special Leave
In determining the salary as referred to in Article 4.3.1, the personal monthly salary will be
used as the basis.
12.2.3
The field staff employee can buy or sell a maximum of 5 extra days of holiday above the time
off stipulated in Chapter 6, Article 6.2.a and b from this gross personal monthly salary and
commission, provided he does not fall below the legal minimum when selling, which with fulltime employment is equal to 20 days.
12.2.4
By analogy with the provision in Chapter 8, Article 8.3.1, the field staff employee who is 58 or
over can qualify for 4 extra days of leave each quarter, which he can take in whole or half
days. He should submit a request for such to the management. The leave will start on the first
day of the month following the month in which the field staff employee turns 58 or on the first
ING-CAO 1 May 2004 to 31 December 2006
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48
day of the month following the request if this request is submitted later. For the employee with
commission, the supplement in Article 12.3.3 applies.
12.2.5 Working Conditions
Within the agreements reached concerning workload/work stress, specific attention will be
given to older field staff employees.
12.2.6 Occupational Disability
The calculation of the gross personal monthly salary for occupational disability as referred to
in Chapter 11, Article 11.1 is based on the annual salary and, if applicable, the commission in
accordance with the salary adjustments made by virtue of the Collective Labour Agreement
during the payment period. The supplement referred to in Article 12.3.4 applies to employees
who receive commission.
12.2.7
Payment on Death
On the death of a field staff employee, ING will pay the surviving relatives of the employee an
amount equal to the personal monthly salary for the remaining days of the month in which the
employee died and for the following six months. The day of death shall be the determining factor
for the amount of the personal monthly salary. For the application of this article, the term surviving
relatives is understood to mean: the persons referred to in Article 35, paragraph 1 of the Sickness
Benefits Act, in the order in which they appear in that article. The supplement referred to in Article
12.3.5 applies to employees who receive commission.
The current groups of commercial field staff employees are: field staff of the Intermediair Division and the field staff
ING -CAO
49
12.3.2 Leave
The field staff employee with commission who qualifies for long-term special leave as referred
to in Chapter 4, Articles 4.4 and 4.6 is entitled to a guaranteed commission as referred to in
Article 12.3.1 of this Chapter.
Working Hours
In addition to the provisions under 12.2.1., the following regulation applies. In order to
ING-CAO 1 May 2004 to 31 December 2006
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50
regulate the working hours for employees on the field staff without commission, an average of
6 declarable hours per day for 5 days a week will be used as the basis.
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52
The consultations on the Social Plan in the autumn of 2005 will also include the Protocol for Job
Security, which is attached to this Collective Labour Agreement as Chapter 14, Article 14.11.
Should it prove impossible to come to agreements within a reasonable period, then, following the
advisory procedure with the Works Council, ING will inform the relevant works council concerning its
intended decision with respect to the aforementioned regulations on employment conditions. At the
same time, ING will relate the standpoints of the trade unions in the matter.
b.
c.
d.
e.
f.
g.
h.
i.
In order to promote effective communication and consultation by the trade unions which are
party to the Collective Labour Agreement with the employees of ING who are members of
those unions, agreements will be reached and procedural rules agreed to concerning the
allocation of facilities by ING.
If, to carry out its activities within ING, a trade union has chosen a formal organisational
form, then it will inform the management of HR Nederland about this in a timely fashion and
also specify the composition of that body.
Facilities provided to the trade unions within ING are meant for the communication and
consultation, on the one hand, between the body named under 13.4.b and the members of the
trade unions within ING and, on the other, between that body and the directors of the trade
unions.
Directors of the trade unions have access to ING within the context of previously agreed and
regulated contacts with the management involved.
The contact between the involved management of ING and its representatives and the trade
unions will take place via the paid directors of the trade unions.
The allocation of facilities within ING to the trade unions and the use thereof pertains to:
1. Making available publication facilities at the locations designated for such, including the
Intranet for:
- making announcements of a business and informative nature with respect to one's
own company or own industry;
- announcing the names of representatives or contact persons of the trade unions;
- announcing the meetings of the trade unions;
- publishing concise reports on these meetings;
- nominating members for the Works Council.
If it is appropriate, the internal e-mail system of ING is also available for the above
activities.
A copy of the messages and announcements to be published will be submitted to HR
Nederland in advance.
The availability of the Intranet will be subject to a probationary period of 1 year.
2. Making time and space available for meetings in the business unit for the local executive
of the trade union in question; all specifics to be arranged with each business unit (the
term local executive here refers to the board members of a workplace branch);
3. making available conference space in the business unit outside office hours for the
meetings of the union body with the members of trade unions in the business unit. If the
circumstances within the business unit allow it, conference space can also be made
available during the lunch break;
4. the use of the internal postal service of the business units, in cases arising, in order to
distribute addressed documents to the representatives or contact persons of the trade
unions.
The performance of the activities for the trade unions within ING and the allocation and use of
facilities for this purpose may not disrupt the smooth running of operations at the business
unit.
The representative of the trade union is the person working within ING who exercises an
administrative or representative function in the local executive of his union and who is
registered in writing as such by the trade union in question with the management involved.
The management involved within ING shall ensure that the representative of a trade union
ING -CAO
53
j.
k.
does not, by virtue of his work for the union in the business unit, compromise his position as
an employee. The mutual compliance with the rights and obligations ensuing from the
employment contract shall not be affected by the exercise of his function as a representative of
a trade union.
If the employee is a part of governing boards or is a delegate from a section of one of the trade
unions that is a party to this Collective Labour Agreement, then he is entitled to special leave
in order to attend meetings of his trade union, but only up to a maximum of ten days per
calendar year (which can be taken a half day at a time). This leave is granted in so far as the
work activities permit.
The employee is entitled to special leave in order to take courses organised by, or on behalf of,
the trade unions if, in the judgement of ING, this also directly serves the interests of ING, but
only up to a maximum of six days per calendar year (which can be taken a half day at a time).
This leave is granted in so far as the work activities permit and provided the leave is requested
far enough in advance.
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54
14. APPENDICES
14.1 Definitions
The following definitions pertain to this Collective Labour Agreement:
Department
An organisational entity that can be found in the organisation structure of a business unit and whose
tasks and powers are established.
Bonus for Extended Working Hours
The bonus paid to the employee for the hours worked above 36 hours if the employee has personal
working hours of more than 36 hours per week.
Basic Working Hours
The basic working hours are an average of 36 hours per week. These basis working hours are used
as an accounting unit for the application of the remuneration system.
Business Unit
The organisation unit of ING Group in the Netherlands where the employee actually works.
Job Assessment
The job assessment is the final assessment of the employee's immediate superior concerning the
performance of the employee as a result of the annual job assessment procedure. The job assessment
is expressed by a score on a job assessment scale ranging from 1 to 5. The job assessment process
and the conditions and requirements for it are established with the consent of the Central Works
Council and are published in the Staff Handbook.
Competencies
Competencies are the personal characteristics, in terms of knowledge, skills and behaviour, that are
needed within a particular job position in order to realise the results in the job and, as such, are
determinant for the successful performance of the job.
Job Grade
The grade linked to the job position which is established via the comparative classification method.
Average Working Hours
The average number of hours worked per week for the period over which the work pattern extends.
Basis for Variable Remuneration
The basis for establishing the annual variable remuneration is 13.96 times the monthly salary.
Individual Salary Increase
The individual salary increase is an increase in the monthly salary granted by the immediate
superior of the employee in accordance with the procedures contained in this Collective Labour
Agreement.
Annual Salary
The annual salary of the employee amounts to 12 times the personal monthly salary plus the fixed
salary components (holiday allowance and year-end bonus).
Manager
The immediate superior of the employee who can legally exercise a number of established powers
ING-CAO 1 May 2004 to 31 December 2006
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55
in respect of the employee on behalf of ING within one of the business units.
Monthly Salary
The monthly salary that, in accordance with the salary scale, is made payable to the employee each
month for a basic number of working hours amounting to 36 hours per week.
Maximum Salary
The maximum salary is the salary level that the employee can reach, based on a job assessment
score of 3.
Employee
The person who is employed at one of the employers of ING Group in the Netherlands and whose
work location is at one of the business units in the Netherlands.
Comparative Classification Method (abbreviated as MVI in Dutch)
The procedure followed to classify job positions using the following steps: classification proposal
based on a comparison with reference job positions, review by the Company Sounding Board Group
and classification by the chairman of the board of the relevant business unit.
Minimum Salary
The minimum salary is the level of salary that the employee is paid at a minimum.
The minimum salary amounts to 70% of the established maximum salary of the associated salary
scale.
Non-active Status
A period during which an employee performs no work but does receive salary, and for which the
cause or the reason for this non-active status cannot for the most part be attributed to the employee.
Performance Management
The continual process of planning, coaching, assessment and remuneration aimed at promoting
successful job performance on the part of employees. It is focused on the development of the
employee (competency management) and on promoting specific results from the employee (result
guidance).
Personal Working Hours
The working hours agreed to between the employee and the manager that are established in a work
pattern.
Personal Bonus
The personal bonus is a bonus paid with the monthly salary to which an employee is entitled on the
basis of a guarantee scheme applicable to the employee and which exceeds the maximum salary
established for the employee each year in the salary scale applicable to him.
Personal Monthly Salary
The personal monthly salary is the monthly salary of the employee, supplemented by any personal
bonuses that apply to the employee.
Salary Potential
The difference between the monthly salary and the maximum salary that applies to the employee in
the salary scale.
Salary Potential Increase
The difference between the old and the new maximum salary in the case of classification in a salary
scale with a higher maximum salary.
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56
Salary Scale
The scale in which the employee is placed which is used as the basis to pay him.
Temporary Employment Period
The time frame within which an employee who is employed through a temporary employment
agency performs work for ING during one or more periods.
Hourly Wage
Twelve times the personal monthly salary divided by 52, times the personal working hours, for
which the personal working hours amount to a maximum of 36 hours per week.
Variable Remuneration
The annual variable remuneration that can be allocated to the employee by virtue of the Variable
Remuneration Scheme on the basis of the results achieved in the established time frame.
WEP Bonus (profit units personnel)
The individual WEP bonus according to the applicable guarantee scheme for employees who were
employed on 31 December 1992 by one of the employers of ING Verzekeringen.
Employer
The legal entity belonging to the ING Group with which the employee working in the Netherlands
has an employment contract.
Work Pattern
The pattern of work time and time off through which the personal working hours are achieved.
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57
minimum
4,595.65
5,370.97
6,278.24
maximum 100%
6,565.21
7,672.81
8,968.91
minimum
4,664.58
5,451.53
6,372.41
maximum 100%
6,663.69
7,787.90
9,103.44
maximum 110%
1,753.60
1,905.76
2,097.04
2,295.80
2,542.27
2,825.14
3,305.21
3,832.41
4,549.81
5,291.87
6,286.81
maximum 110%
7,221.73
8,440.09
9,865.80
maximum 110%
1,779.90
1,934.35
2,128.49
2,330.23
2,580.40
2,867.51
3,354.79
3,889.90
4,618.06
5,371.25
6,381.11
maximum 110%
7,330.06
8,566.69
10,013.78
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58
14.2.2
2
85.99
99.25
115.14
132.42
149.27
171.49
198.72
1
123.37
142.40
165.20
190.00
214.17
246.05
285.12
149.54
172.60
200.24
230.30
259.60
298.24
345.60
224.31
258.90
300.36
345.45
389.40
447.36
518.40
2
87.27
100.73
116.86
134.41
151.51
174.05
201.70
1
125.22
144.52
167.67
192.85
217.39
249.73
289.39
151.78
175.18
203.24
233.76
263.50
302.70
350.78
227.67
262.77
304.86
350.64
395.25
454.05
526.17
ING -CAO
59
14.2.3
SALARY SCALES FOR FIELD STAFF EMPLOYEES with commission (commercial field staff of Intermediair
Division) as of 1-8-2005; (=100% base, actual salary scales to be derived from this in accordance with Article
12.3.1.b)
Basic Scale
X-scale
Name
Code
MIN.
MAX.
Name
Code MAX.
00
400
2,138.25
2,780.70
01
401
2,332.60
3,080.25
01-X
501
3,420.21
02
402
2,470.93
3,420.21
02-X
502
3,797.22
03
403
2,695.95
3,797.22
03-X
503
4,212.68
04
404
2,880.06
4,261.87
04-X
504
4,729.46
05
405
3,293.59
4,851.23
05-X
505
5,384.57
06
406
3,673.99
5,612.51
06-X
506
6,230.13
07
407
4,279.41
6,525.78
07-X
507
7,245.17
MARGINS OF INCREASE IN THE JOB ASSESSMENT RESULTS
SCALE
5
4
3
01
0
0
44.86
56.08
85.99
02
0
0
51.78
64.73
99.25
03
0
0
60.07
75.09
115.14
04
0
0
69.09
86.36
132.42
05
0
0
77.88
97.35
149.27
06
0
0
89.47
111.84
171.49
07
0
0
103.68
129.60
198.72
85.99
99.25
115.14
132.42
149.27
171.49
198.72
123.37
142.40
165.20
190.00
214.17
246.05
285.12
149.54
172.60
200.24
230.30
259.60
298.24
345.60
224.31
258.90
300.36
345.45
389.40
447.36
518.40
SALARY SCALES FOR FIELD STAFF EMPLOYEES with commission (commercial field staff of Intermediair
Division) as of 1-1-2006; (=100% base, actual salary scales to be derived from this in accordance with Article
12.3.1.b)
Basic scale
X-scale
Name
Code
MIN.
MAX.
Name
Code
MAX.
00
400
2,170.32 2,822.41
01
401
2,367.59 3,126.45
01-X
501
3,471.51
02
402
2,507.99 3,471.51
02-X
502
3,854.18
03
403
2,736.39 3,854.18
03-X
503
4,275.87
04
404
2,923.26 4,325.80
04-X
504
4,800.40
05
405
3,342.99 4,924.00
05-X
505
5,465.34
06
406
3,729.10 5,696.70
06-X
506
6,323.58
07
407
4,343.60 6,623.67
07-X
507
7,353.85
MARGINS OF INCREASE IN THE JOB ASSESSMENT RESULTS
SCALE
5
4
3
01
0
0
45.53
56.92
87.27
02
0
0
52.55
65.69
100.73
03
0
0
60.97
76.22
116.86
04
0
0
70.13
87.66
134.41
05
0
0
79.05
98.81
151.51
06
0
0
90.81
113.51
174.05
07
0
0
105.23
131.54
201.70
2
87.27
100.73
116.86
134.41
151.51
174.05
201.70
1
125.22
144.52
167.67
192.85
217.39
249.73
289.39
151.78
175.18
203.24
233.76
263.50
302.70
350.78
227.67
262.77
304.86
350.64
395.25
454.05
526.17
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Salary scales for field staff with commission at Retail*; (=100% base, actual salary
scales to be derived from this in accordance with Article 12.3.1.b
14.2.4
as of 1-8-2005 + 1.25%
as of 1-1-2006 + 1.50%
min
max
min
max
Field staff scales
36 Advisors
1,208.57
2,035.63
1,226.70
2,066.17
74 Sales Managers
3,971.18
5,903.84
4,030.74
5,992.39
the annual payment of the WEP bonus is converted into a monthly payment (annual WEP
The commercial field staff scales for Retail will be used at RVS and Postbank Advies
ING -CAO
61
if the salary potential of the employee increases, then a part of the bonus equal to the amount
by which the salary potential has increased as a result of the conversion will be included in the
monthly salary. The remaining part will be guaranteed as a WEP bonus.
The remaining WEP bonus or any remaining WEP bonus, will be indexed with the salary
adjustments made in accordance with the Collective Labour Agreement and will be counted as a
fixed income component in the context of the pension scheme.
Personal Bonus
If the personal monthly salary, after being converted in the new scale, exceeds the maximum salary
that applies to the employee, then the excess will be paid out in the form of a personal bonus. The
salary adjustments made by virtue of the Collective Labour Agreement also apply to the personal
bonus.
If a higher maximum salary applies to the employee, then the increase in the potential salary will be
deducted from the personal bonus and included in the monthly salary.
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62
Old-age Pension
For each year of participation, the old-age pension in the final-pay scheme amounts to 1.75% of the
last-established pensionable earnings. For employees working part-time, the old-age pension is
established pro rata.
In the average-pay scheme with post-indexation, 2% of the pensionable earnings of the year in
question is accrued each year. During membership in the scheme, this amount is adjusted in line
with the structural adjustments made by virtue of the Collective Labour Agreement. The old-age
pension in the average-pay scheme with post-indexation amounts to the sum of the indexed pension
entitlements accrued each year.
The old-age pension commences on the first day of the month in which the participant reaches
standard retirement age and is paid up to and including the month of his death.
Bridging Pensions
The employees with a standard retirement age of 62 build up the following Bridging Pensions:
1. For each year of membership in the pension scheme, Bridging Pension I amounts to 2.5% of the
last-established contribution-free portion of income, with a maximum of 100 %.
The Bridging Pension I commences on the first day of the month in which the participant
reaches standard retirement age and is paid up to the first day of the month in which he turns 65
or up to and including the month of his death before the age of 65.
2. Participants also receive premium compensation for the AOW in the form of Bridging Pension
II up to the first day of the month in which they turn 65. Bridging Pension II is built up in the
ten years prior to the standard retirement age.
Bridging Pension II commences on the first day of the month in which the participant reaches
the standard retirement age and is paid up to the first day of the month in which he turns 65 or
up to and including the month of his death before the age of 65.
As of 1 January 2006, the Bridging Pensions can only be accrued by employees who are employed
on 31 December 2005 and who were born before 1 January 1950.
Partner Pension
A partner pension is insured for the sake of the spouse or partner (or ex-spouse or ex-partner) of the
participant, former participant or pensioner.
Up to 1 January 2006, the partner pension amounts to 50% of the old-age pension to be achieved
based on the accrual of pension or if chosen 70% on a risk basis.
As of 1 January 2006, the partner pension for all participants amounts to 70% of the old-age
pension to be achieved based on the accrual of pension.
A partner pension is also built up for single members of the pension scheme.
The partner pension commences on the first day of the month following the death of the member,
former member or pensioner and is paid up to and including the month of the partner's death.
Orphan's Pension
An orphan's pension is insured for the sake of the children of a participant, former participant or
pensioner. For each child, the orphan's pension amounts to 14% of the old-age pension achieved for
former participants and pensioners and 14% of the old-age pension to be achieved for participants in
the pension scheme.
The total orphan's pension for each participant, former participant or pensioner cannot amount to
more than 70% of the old-age pension.
The orphan's pension is doubled for full orphan's. For full orphans, the total orphan's pension for
each participant, former participant or pensioner cannot amount to more than 140% of the old-age
pension.
The orphan's pension commences on the first day of the month following the death of the
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ING -CAO
63
participant, former participant or pensioner. The orphan's pension is paid if and as long as the child
has not reached the age of 18 or if and as long as a child is enrolled in daytime studies or maintains
a parental household and has not reached the age of 27.
Occupational Disability Pension for employees who had their first day of illness before 1
January 2004 and who have become occupationally disabled or partially occupationally
disabled (WAO-regime).
With a degree of occupational disability of 80% or more, in the sense of the Occupational Disability
Insurance Act (WAO), the employee has a right to an occupational disability pension to the amount
of 5% of the income that is equal to or lower than the maximum WAO-benefit payment and 75% of
the income falling between the maximum WAO-benefit payment and the maximum amount.
As of 1 August 2005, the maximum amount is 75,507.66.
The pension commences on the 1st day of the month following the termination of the employment
due to occupational disability and is paid up to the standard retirement date or until the end of the
month in which rehabilitation occurs, or up to and including the last day of the month of the
employee's death before the standard retirement date.
With a degree of occupational disability that is less than 80%, the occupational disability pension is
established on the basis of the following table.
Degree of occupational
disability
0%
20 %
30 %
40 %
50 %
60 %
75 %
Continuation of the pension build-up under occupational disability for employees whose first
day of illness was before 1 January 2004 and who have become occupationally disabled or
partially occupationally disabled (WAO-regime)
After the start of full or partial occupational disability, the build-up of pension is continued in the
same manner and under the same conditions as prior to the commencement of occupational
disability.
The build-up of pension is also continued after full or partial termination of the employment due to
occupational disability. In this case, the pension entitlements to be achieved are established on the
date of termination and are based on the fixed income just prior to the termination of employment
and the variable income over the 12 months prior to the 1st day of illness.
If, and in so far as, the occupational disability continues, these pension entitlements are adjusted in
line with the structural salary adjustments made by virtue of the Collective Labour Agreement.
With a degree of occupational disability that is less than 80%, the build-up of pension occurs on the
basis of the table below.
Degree of occupational
disability
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64
Less than 15 %
15% to 25 %
25% to 35 %
35% to 45 %
45% to 55 %
55% to 65 %
65% to 80 %
0%
20 %
30 %
40 %
50 %
60 %
75 %
Occupational Disability Pension for employees whose first day of illness was on or after 1
January 2004 and who have become occupationally disabled or partially occupationally
disabled (WIA-regime)
With a degree of occupational disability that is 80% or more, in the sense of the WIA, the employee
has a right to an occupational disability pension to the amount of 5% of the income that is equal to
or lower than the maximum WIA benefit payment and 75% of the income falling between the
maximum WIA benefit payment and the maximum amount. As of 1 August 2005, the maximum
amount is 75,507.66.
The pension commences on the 1st day of the month following the termination of the employment
due to occupational disability and is paid up to the standard retirement date or until the end of the
month in which rehabilitation occurs, or up to and including the last day of the month of the
employee's death before the standard retirement date.
Continuation of the build-up of pension during occupational disability for employees whose
first day of illness was on or after 1 January 2004 and who have become occupationally
disabled or partially occupationally disabled (WIA-regime)
After the commencement of full or partial occupational disability, in the second year of illness
pension is built up on the gross income received in the second year of illness.
After the commencement of full or partial occupational disability, in the third year of illness pension
is built up on the salary received for the hours worked, on any WGA benefit and on any supplement
to the WGA benefit.
The build-up of pension is also continued after the termination of employment due to occupational
disability. In this case, the pension entitlements to be achieved are established on the date that
employment ends, on the basis of the fixed income received just prior to the end of the employment
and the variable income over the 12 months prior to the 1st day of illness.
If, and in so far as, the occupational disability continues, these pension entitlements are adjusted in
line with the structural salary adjustments made by virtue of the Collective Labour Agreement.
Older Employee
If an employee reduces his average working hours to 32 hours per week as referred to in Chapter 8,
Article 8.3.1, due to reaching the age of 58 or having reached 40 years of service, the build-up of
pension will be continued on the basis of the original working hours (with a maximum of 36 hours).
If an employee voluntarily accepts a lower job position at any time up to a maximum of 10 years
prior to his retirement or reduces his working hours per week, as referred to in Chapter 8, Article
8.3.2, the build-up of pension will continue on the basis of his income or his working hours that
were applicable prior to entering the lower job position.
If an employee, due to insufficient employability, (within 3 years) accepts a lower job position as
referred to in Chapter 8, Article 8.4 a), then the build-up of pension will continue on the basis of his
new income.
If an employee is voluntarily placed in a job position with a lower classification as referred to in
Chapter 8, Article 8.5, the build-up of pension will continue on the basis of his new income.
Flexible Elements
Participants can retire on a date other than the date on which they reach standard retirement age. But
participants cannot retire before they reach sixty or later than the age of 65. It is possible to retire
part-time with 50% part-time pension from the age of 60 with the consent of the employer. The
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ING -CAO
65
part-time pension ends when the employee reaches the standard retirement age. A request to depart
from the standard retirement age of 62 or 65, respectively, should be brought to the attention of ING
at least six months prior to the standard retirement date or the desired retirement date. In all of these
cases, the pension entitlements are recalculated on a sex-neutral basis.
From the moment earlier retirement commences, the build-up of pension ends.
Participants or former participants are given the possibility of converting, or partially converting the
partner pension built up in the period from 1 January 2002 to the retirement date into old-age
pension on the retirement date with the consent of the spouse or partner (if present). It is also
possible to convert a part of the old-age pension on the retirement date into a partner pension
amounting to, at most, 70% of the old-age pension. No medical certificates are required for a
conversion or partial conversion. The decision to make such conversions should be announced to
the ING Pension Fund at least 6 months before the retirement date.
On the date of retirement, participants can agree to a high low or a low high pension on a sexneutral basis within the limits established by the Board of the ING Pension Fund.
The build-up of pension and Life-course Savings Leave
If an employee takes a life-course savings leave during his working career or at the end of his
working career prior to the retirement date, the build-up of pension will continue for a maximum of
13 weeks based on the situation immediately prior to the time the life-course savings leave is taken.
If the life-course savings leave lasts longer than 13 weeks, the build-up of pension stops after 13
weeks.
If, during the leave, less than 100% of the last-paid salary to which the employee is entitled is
withdrawn from the balance of the individual life-course savings account, immediately prior to the
commencement date, then the build-up of pension will continue in so far as this is permitted from a
tax viewpoint.
If ,and in so far as, pension is built up while an employee is taking life-course savings leave, the
employee pays a contribution to the pension premium that is derived from the pensionable earnings
prior to the start of the leave period.
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66
minus the maximum amount. As of 1 August 2005 the maximum amount is 75,507.66.
The maximum amount is adjusted in line with the structural salary adjustments made by virtue of
the Collective Labour Agreement.
Cash Payment
Employees who do not wish to use the pension build-up in the Available Premium Scheme can
choose to be paid an amount equal to the annual available premium that ensues from the table, less
the costs of the insurance of premium exemption during occupational disability.
If the available premium is lower than an annual fixed amount, a required cash payment is made.
This minimum premium amount is indexed using the salary adjustments made by virtue of the
Collective Labour Agreement. As of 1 January 2006, this amount is 544.73 (per year).
The cash payment is made via the salary accounts and is subject to wage tax and possible
contributions to employees' insurance schemes.
Old-age Pension
The build-up of pension occurs on the basis of an available premium. The available premium is
expressed as a percentage of the pensionable earnings of this scheme.
The pensionable earnings are established when the employee joins the pension scheme and then
each year thereafter on 1 January.
The relevant percentages are shown in the following table.
Age
15 to19 years
20 to 24 years
25 to 29 years
30 to 34 years
35 to 39 years
40 to 44 years
45 to 49 years
50 to 54 years
55 to 59 years
60 & 61 years
7%
7%
9%
10%
13%
15%
18%
22%
27%
31%
6%
6.8%
8.3%
10.2%
12.5%
15.2%
18.5%
22.7%
28%
32.5%
8%
8%
9%
11%
14%
17%
20%
24%
29%
33%
6.5%
7.4%
9%
11%
13.5%
16.4%
20%
24.6%
30.3%
35.1%
8%
8%
10%
12%
15%
18%
22%
26%
32%
36%
6.9%
7.9%
9.6%
11.8%
14.4%
17.6%
21.4%
26.3%
32.4%
37.5%
As of 1 January 2006, for participants who entered employment on or after 1 January 2002 and who
were born before 1 January 1950, the percentages are applicable which apply to employees who
were employed at ING on 31 December 2001 and whose pensionable salary at that moment was
lower than 70,347.
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67
As of 1 January 2006, the following percentages apply to all participants who were born on or after
1 January 1950 and to participants who entered employment on or after 1 January 2006.
Age
15 to 19 years
20 to 24 years
25 to 29 years
30 to 34 years
35 to 39 years
40 to 44 years
45 to 49 years
50 to 54 years
55 to 59 years
60 to 65 years
5.9 %
6.7 %
8.2 %
10.0 %
12.2 %
14.8 %
18.1 %
22.2 %
27.4 %
34.1 %
Partner Pension
The partner pension depends on the form of insurance chosen:
1. For pension insurance based on a Euro-insurance policy, the partner pension for
employees who entered employment between 1 January 2002 and 1 January 2006 amounts
to 50% of the old-age pension up to 1 January 2006 based on accrual.
As of 1 January 2006, the partner pension amounts to 70% of the old-age pension based on
accrual for all participants.
2.
Orphan's Pension
The orphan's pension depends on the form of insurance chosen. With an orphan's pension insurance
based on a Euro-insurance policy, the orphan's pension amounts to 14% of the old-age pension per
child. The total orphan's pension cannot amount to more than 70% of the old-age pension to be
achieved. Under a unit-linked insurance policy, no orphan's pension is insured.
Occupational Disability Pension for employees whose first day of illness was prior to 1
January 2004 and who have become occupationally disabled or partially occupationally
disabled (WAO-regime)
With a degree of occupational disability of 80% or more, in the sense of the WAO, the employee
has a right to an occupational disability pension to the amount of 70% of the fixed annual salary
ING-CAO 1 May 2004 to 31 December 2006
ING -CAO
68
Degree of occupational
disability
Less than 15%
15% to 25%
25% to 35%
35% to 45%
45% to 55%
55% to 65%
65% to 80%
The premium for the occupational disability pension is not debited to the available premium on the
basis of the graduated scale.
Continuation of the pension build-up during occupational disability for employees whose first
day of illness was prior to 1 January 2004 and who have become occupationally disabled or
partially occupationally disabled (WAO-regime)
After the start of full or partial occupational disability, the build-up of pension continues in the same
manner and under the same conditions as was the case before the start of the occupational disability.
The build-up of pension is also continued after full or partial termination of the employment due to
occupational disability. In this case, the available premium is based on the last-established
pensionable earnings that were applied before the termination of the employment. With a degree of
occupational disability that is less than 80%, the following percentages apply.
Degree of occupational disability
Less than 15 %
15% to 25 %
25% to 35 %
35% to 45 %
45% to 55 %
55% to 65 %
65% to 80 %
Occupational Disability Pension for employees who had their first day of illness on or after 1
January 2004 and who have become occupationally disabled or partially occupationally
disabled (WIA-regime)
With a degree of occupational disability of 80% or more, in the sense of the WIA, the employee is
entitled to an occupational disability pension amounting to 70% of the fixed annual salary above the
maximum amount.
As of 1 August 2005, the maximum amount is 75,507.66.
The pension commences on the 1st day of the month following the termination of the employment
due to occupational disability and is paid up to the standard retirement date, or up to the end of the
month in which rehabilitation occurs, or up to and including the last day of the month of the
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ING -CAO
69
ING -CAO
70
this is that the individual voluntary payment must comply with tax laws.
The Voluntary Supplementary Insurance applies only in the following situations:
1.
2.
There is a deficiency in service years after the value of the capital sum of the pension has been
transferred. This situation can come about if a transfer of the value of the capital sum to the
ING Pension Scheme has led to a lower number of notional service years at ING than the
actual years of service put in with the former employer(s).
A pension shortfall has come about as a result of demotion. The pension shortfall referred to is
created if, after changing job positions, the employee is classified in a lower salary scale and,
as a result, the basis for the build-up of pension is based on the new, lower annual income.
The single premium owed for the supplementary pension module is withheld, after a positive
assessment is given in regard to the tax review, from the gross salary of the employee and paid to
Nationale-Nederlanden.
For tax reasons, the employee without a spouse or partner, or children under 30, can only choose a
capital sum that is paid out on his retirement if he is still alive at the time. In other cases, if the
employee dies before the retirement date, the available capital must be used to purchase a partner
pension.
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71
The premium is borne jointly by ING and the employee (60% employee and 40% employer). All
employees are required to participate in the WAO-gap insurance. Employees who are 58 or over are
exempt from paying premiums.
The WAO-gap insurance ends on 1 January 2006. The change has no effect on current benefits.
ING -CAO
72
were employed on 1 June 2000 and were still employed on 1 January 2004, and
prior to their pre-pension retirement were employed continually for at least 10 years within the
banking or insurance industries, and
were born before or on 1 January 1949 (office staff), or before or on 1 January 1952 (field
staff), and
when the Collective Labour Agreement took effect from 1 June 2000 to 1 April 2002, came
under the Collective Labour Agreement for Office Staff or Field Staff for the insurance
industry from April 1998 to April 2000 or the Collective Labour Agreement for the banking
industry from 1 January 1999 to 1 June 2000, and
on 1 January 2004, were entitled to retire earlier than at the age of 62.
The field staff employees who, based on a pension commitment in the pension scheme up to 1
January 2002, were able to retire at the age of 60 are excluded from participation in the pre-pension
scheme.
As of 1 January 2006, field staff employees who were born in the years 1950 and 1951 or on 1
January 1952 are also excluded from participation. The accrued entitlements to pre-pension will be
converted into extra entitlements to lifelong old-age pension at the standard retirement age of 65 (as
described in Chapter 14, Article 14.8.2).
If the employee elects to retire with pre-pension, he should announce this to ING at least 6 months
prior to the commencement date of the pre-pension.
1.a. Build-up of the Pre-pension
The pre-pension is built up in the ten years prior to the pre-pension age that applies to the
employee.
Depending on the Collective Labour Agreement applicable to the employee prior to 1 June
2000, and depending on his year of birth, an accrual percentage of 8% or 7.5% per year
applies.
Just as in the Basic Pension Scheme, there is a final-pay scheme for the fixed income and an
average-pay scheme with post-indexation for the variable income.
There are also, therefore, two bases of pensionable earnings that apply for pre-pension.
1.b Pensionable Earnings for Pre-pension
For employees of the office staff, the pensionable earnings A for pre-pension in the final-pay
scheme amount to 12 times the personal monthly salary based on average working hours of 36
hours per week and the holiday allowance and year-end bonus. For employees of the field staff,
the pensionable earnings A for pre-pension are calculated in the same manner, but are based on
average working hours of 40 hours per week. For employees who were a participant in the
Nationale-Nederlanden pension scheme when the Collective Labour Agreement took effect
from 1 June 2000 to 1 April 2002, and who were aged 50 or over on 1 January 1999, the
pensionable earnings A for pre-pension will be expanded with a fixed amount of 1,923.
The pensionable earnings B for pre-pension in the average-pay scheme with post-indexation
amounts to the total of pensionable variable income components received in the calendar year:
commission (field staff), shift bonus, standby bonus (office staff) and bonus for extended
working hours.
1.c Establishing the accrued rights as of 1 January 2004
To establish the accrued rights on the commencement of the pre-pension scheme, a transitional
provision applies. If an employee cannot build up a pre-pension in 10 years, then a transitional
provision applies.
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73
2. Pre-pension Age
2.a The office staff employees who were born on or before 1 January 1949 can take early
retirement with pre-pension in accordance with the following table.
Born on or before
1 January 1945
1 January 1947
1 January 1949
2.b The employees who were born on or before 1 January 1947 and who, when the Collective
Labour Agreement took effect from 1 June 2000 to 1 April 2002, were subject to the
Collective Labour Agreement for the banking industry in effect from 1 January 1999 to 1 June
2000, can retire with pre-pension in accordance with the following table.
Born on or before
1 January 1945
1 January 1947
2.c The employees who were born on or before 1 January 1952 and who, when the Collective
Labour Agreement took effect from 1 June 2000 to 1 April 2002, were subject to the
Collective Labour Agreement for the Field Staff for the insurance industry in effect from April
1998 to April 2000, can retire with pre-pension in accordance with the following table.
Born on or before
1 January 1945
1 January 1947
1 January 1949
1 January 1952
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74
For participants who were born on or after 1 January 1950, the standard retirement age will be
changed from 62 to 65. The three graduated tables of premiums for this group of participants
will be replaced by 1 graduated table of premiums.
For participants for whom the partner pension amounted to 50% of the old-age pension, this
partner pension will be increased to 70%. ING will increase the accrual over the past years of
service to 70% for participants who entered employment between 1 January 2002 and 31
December 2005 and are still employed on 31 December 2005 and on 1 January 2006.
ING -CAO
75
the lifelong old-age pension based on the Basic Pension Scheme, and
the Bridging Pensions I and II based on the Basic Pension Scheme, and possibly
the lifelong old-age pension based on the Available Premium Scheme, and
the pre-pension converted into a lifelong old-age pension.
To determine the amount of the old-age pension based on the Available Premium Scheme, the
following formula is used: 1.75% times the term of participation from 1 January 2002 to the
standard retirement age, times the last established fixed annual salary above the maximum
amount. For employees who work part-time, the old-age pension is established pro rata.
1.b Percentage of Supplement
For the employee, the old-age pension calculated in accordance with 1.a is supplemented by up
to 80% of the calculation basis named in 1c for the period of the retirement up to the age of 65.
Exceptions:
In departure from the previous statement, the percentage of this supplement to the old-age
pension for the employee who chooses to retire earlier in accordance with 14.8.3. 2b shall
be based on a supplement of up to 75% of the calculation basis named in 1.c.
In departure from the previous statement, the percentage of this supplement to the old-age
pension for the employee who chooses to retire early in accordance with the provision in
14.9.2 shall be based on the age of the employee on 1 January 2002.
1.c Calculation basis for determining the supplement
13.96 times the last-earned personal monthly salary, and
the bonus for extended working hours over the last 12 months prior to the retirement with
pension or pre-pension, if applicable, and
the shift bonus for the last 12 months prior to the retirement with pension or pre-pension,
if applicable, and
the standby bonus for the last 12 months prior to the retirement with pension or prepension, if applicable.
The calculation of the supplement basis for the employee to whom, when the Collective Labour
Agreement took effect from 1 June 2000 to 1 April 2002, the Collective Labour Agreement for
the Field Staff for the insurance industry in effect from April 1998 to April 2000 applied, is as
follows:
13.96 times the last-earned personal monthly salary based on average working hours of 40
hours, and
the average commission earned over the last 36 months prior to the retirement with
pension or pre-pension, with the exception of amounts paid of an incidental or exceptional
nature.
For employees who were participants in the Nationale-Nederlanden pension scheme when the
Collective Labour Agreement took effect from 1 June 2000 to 1 April 2002, and who were 50
or over on 1 January 1999, the supplement calculation basis will be increased by a fixed
amount of 1,923.
1.d Adjustment to Supplement
The supplements will be adjusted in line with the structural salary adjustments made by virtue
of the Collective Labour Agreement.
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76
Number of years in
continuous shift work:
11 years
12 years
13 years
14 years
15 years
16 years
17 years
18 years
19 years
20 years
21 years
22 years or over
Retirement at age:
61 years and 10 months
61 years and 8 months
61 years and 6 months
61 years and 4 months
61 years and 2 months
61 years
60 years and 10 months
60 years and 8 months
60 years and 6 months
60 years and 4 months
60 years and 2 months
60 years
14.10 Compensation for cessation of transitional provision for VUT shift work
For the employees born on or after 1 January 1950, the transitional provision for VUT shift work as
included in 14.9.2 will cease to exist. The parties have agreed that, for these employees, in so far as
they come under the definition of the transitional provision for VUT shift work, a one-off extra
compensation payment shall be made available. This compensation can be used within the limits of
tax law to make a deposit in the Life-course Savings Scheme. The compensation is as follows:
Year of birth
1950
80 %
1951
70 %
1952
60 %
1953
50 %
1954
40 %
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77
8.5%
The one-off contribution will be made available in the month in which the employee turns 58 and
will be calculated at 13.96 times the personal monthly salary in the month in which the employee
turns 58, including the bonus for extended working hours (corrected for holiday allowance and the
year-end bonus) and any commission income.
The deposit of the one-off extra contribution for the employees born in the years 1955 and later will
be made at the same time as the deposit for the employees born in 1954 (i.e. in 2012).
The employees born in the years 1955 and later must, at the moment of the deposit, meet the
conditions given in 14.9.2, with the exception of the condition that the continuous shift work must
have lasted until after the 55th birthday of the employee.
ING is willing to do its utmost for the job security of employees and to guarantee that it will do
everything possible to achieve this in terms of facilities, support and mediation for the employee.
The employee should commit himself to the principle that job security and the efforts made by ING
to achieve it can only come about through a proactive and flexible attitude with respect to obtaining
work within ING or elsewhere.
The parties attach considerable importance to anticipating and supervising developments with
respect to employment within ING. In the light of this, ING and the employee should continually be
aware of the dynamics of the organisation and the developments on the job market. This requires
timely and continual attention to be given to, and targeted action be taken in respect of,
development and broad-based employability.
It is therefore in the common interest and shared responsibility of ING and the employee to ensure,
with the generous use of employability instruments, that the knowledge and skills of the employee
continue to correspond with changing requirements. To promote this, ING will make sure that one
of the result agreements to be reached each year for managers pertains to the development and/or
broad-based employability of the employees under them.
With respect to operations that have far-reaching social consequences for the conditions of
employment and/or employment opportunity, the parties make a general distinction between the
following two situations. For these situations, the parties have reached the following additional
agreements.
Transfer of activities within the Netherlands
ING and the trade unions assume that the transfer of business activities within the Netherlands is
subject to the Company Transition Act (Wet Overgang Ondernemingen). This means that the
employee continues his/her work. In such situations there should, if necessary, be a fair transition
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policy to compensate for any differences in the conditions of employment; although this always
requires tailor-made solutions, the transitional measures agreed to in similar operations* in recent
years can serve as a reference. When the transition leads to a change of the employee's work
location, this will only occur within reasonable boundaries in accordance with the requirements set
for good employer conduct. If ING is of the opinion that this change of work location for a group of
employees does not fall within these reasonable boundaries, the social plan will be officially applied
to this group. ING is willing to accept the principle that, when business activities are transferred
within the Netherlands, priority will be given to companies that conduct regular consultation with
trade unions or that are willing to do so in order to reach agreement on transitional measures
pertaining to the employment conditions. The job security at the receiving company will also be a
subject for discussion in these consultations.
If such a preferential position cannot be realised due to specific circumstances, ING is willing to
engage in consultation with the trade unions with respect to initiating measures to compensate for
the differences in the conditions of employment.
If ING decides, within a period of 24 months after the transfer of business activities, to bring these
work activities back to ING, then the employees involved will be given the opportunity to come
back to ING as well.
Transfer of activities to a foreign country and reorganisations with far-reaching social consequences
and supernumerary employees whom the management has ascertained impossible to transfer
internally.
The parties to the Collective Labour Agreement have concluded that these situations call for
additional measures in order to achieve the principle of job security. This pertains especially to
making the commitment from both sides concrete, as expressed in the general principles.
The points below are meant as an addition to the contents of the ING Social Plan and shall in this
sense be included in the discussions on adapting them for the period after 1 January 2006.
The parties have agreed that it is reasonable to expect the employee, after he/she has investigated
internal placement opportunities for a maximum of 3 months, to be willing to co-operate fully with,
and work on, obtaining work outside ING.
ING will do everything possible in terms of providing facilities, support and active mediation in the
acquisition of work within ING and elsewhere. To increase the chances of obtaining work, ING is
also willing to conclude contracts with external parties.
Finally, the parties have agreed that a committee shall be set up with equal representation,
consisting of representatives of the employer and the trade unions.
At any given moment, the committee will rule, at the request of ING or the employee in question,
concerning whether or not the employee or ING is actually meeting their obligations.
If both ING and the employee have done their utmost to realise the principle of job security but, on
or after expiry of the regular mediation period, it appears that, in individual cases, it unfortunately
cannot be realised, then the committee is authorised to initiate a tailor-made solution as it sees fit.
The committee will meet at least once every three months in order to discuss individual situations
and reports on the progress of current procedures.
Periodic Consultation
Via periodic consultation, ING will continue to inform the trade unions about the different
procedures and the development of employment opportunity.