What happens if I want to continue working after I reach state pension age?
If you want to continue working after you reach state pension age, you may need to enter into a new employment contract. Moreover, you will no longer be insured against unemployment and incapacity. You will receive the statutory state pension, and any old age pension from your employer. You may also be entitled to benefits under the Sickness Benefits Act.
New employment contract?
Does your collective labour agreement (CAO) state that your contract ends once you reach state pension age? But do you want to continue working? Speak to your employer about a new contract.
Does the agreement state that you can continue to work once you reach state pension age? If so, your existing temporary or permanent contract will continue to apply.
Termination of employment when – or after – you reach state pension age
Some employment contracts automatically expire when you reach state pension age, without the employer having to terminate them. This will be specified in your collective labour agreement or in your employment contract.
Has nothing been agreed and does your employer want to end your employment contract when or after you reach state pension age? In that case, your employer will have to give you notice. The employer can do this without having to ask the Employee Insurance Agency (UWV) or a court for an advisory opinion. A period of one month’s notice applies. However, your employment contract must have taken effect before you reached state pension age. If you only began working for your employer after you reached state pension age, the usual rules on the termination of employment apply.
No transition pay
You are not entitled to transition pay if your employment is terminated when – or after – you reach state pension age.
Working after you reach state pension age and the minimum wage
If you continue to work after you reach state pension age, you will still be entitled to the minimum wage. The same applies to existing employment contracts. This prevents unfair competition between employees of state pension age and younger employees. You will also be entitled to a minimum holiday allowance.
No unemployment and incapacity insurance
Your employer will withhold salaries tax if you continue to work past state pension age, but will no longer pay contributions for unemployment insurance, sickness benefits, incapacity insurance and state pension.
This means you will no longer be insured against unemployment and incapacity.
You will continue to be entitled to sickness benefit, even if your employer no longer pays these contributions. As of 1 July 2016, the UWV will charge the sickness benefit costs to your employer.
State pension and other pensions
From the day you reach state pension age, you will receive a pension under the General Old Age Pensions Act. Your income from employment does not influence this. Nor is any supplementary pension you have built up via your employer deducted from your state pension. The same applies to any pension you receive from a private insurance company.
Other rights after reaching state pension age
Apart from the exceptions specified above, employees of state pension age have the same rights as younger employees. This means that provisions in the Civil Code on, for example, employment conditions, probationary period and the non-competition clause apply to you.