Foundation for Flexible Retirement v. Limited Liability Company (Collective Agreement Contributions)

A foundation for flexible retirement for the construction industry sued a limited liability company seeking outstanding contributions mandated by a collective labor agreement that governed the industry. The defendant company argued that the contributions were not due because the specific employment relationship in question was not covered by the mandatory extension of the collective agreement, as the relevant collective agreement period had expired before the employment began. The court ruled in favor of the foundation, reasoning that the extension of the collective agreement remained legally binding for the duration of the employment contract, even if the underlying agreement had expired, provided that the contract was concluded during the period when the extension was still in force.