ANA workers appeal to the decision on pension contributions

A ANA’s Workers’ Commission decided to appeal to the company from the favourable judgment in the proceedings on the suspension of contributions to the pension fund, estimated at around EUR 5 million.

According to the information disclosed by the Workers' Commission (CT), and consulted by Lusa, the lawyer was given an indication to proceed with the appeal to the Relationship Court, after the workers had approved this decision in a plenary held in September.

In response to the agency Lusa, ANA confirmed that the Lisbon Labor Court judged “totally unfounded all requests made and fully acquitted ANA and BPI Life and Pensions, confirming the legality of all decisions taken”.

The process dates back to the suspension of ANA’s contributions to the pension fund, initiated in November 2021, at a time when the company faced the effects of the covid-19 pandemic on the aviation sector.

The Workers' Commission contested the decision, considering that the contributions constituted a worker's right that could not be unilaterally suspended, and advanced with a lawsuit, which had an unfavorable decision at first instance in August.

In a statement released in July 2024, TC argued that the company’s contributions to the pension fund resulted from commitments made in 2004, classifying the previous scheme as a “right acquired and contractualised between the parties”.

Workers' representatives call for the full replacement of the suspended contributions estimated at around EUR 5 million and also challenged the changes made to the pension fund with the creation of the flexible benefit programme.

In the information disclosed on 26 October, the commission admits that, if the appeal is won, ANA may return its contributions or appeal to the Supreme Court. The case may also be returned to the first instance if the Court of Appeal identifies procedural irregularities.

The airport manager argues that the Labor Court concluded that “the contributions to the Pension Fund constitute a social benefit unilaterally attributed by the company, without a retributive nature, and that ANA had full legitimacy to temporarily suspend it without violating acquired rights”.

In the same reply sent to Lusa, the company justified the suspension with the exceptional situation caused by the covid-19 pandemic, stating that this was one of the measures that allowed jobs to be preserved.

ANA stressed that, during that period, it did not resort to the ‘lay-off’ or redundancies, adding that the suspension of contributions, together with the voluntary reduction in working time, made it possible to “save the jobs of all employees”.

According to the company, the alternative presented to the social partners, which went through the temporary freezing of wage increases, did not agree.

The concessionaire of Portuguese airports also said that in 2024 “support for the Pension Fund with a value higher than the previous contribution, integrated into a flexible benefit programme that each worker can manage according to his/her personal needs and priorities”.

According to ANA, “each employee has an amount equivalent to 2% of his annual gross salary plus 1,300 euros, which can freely affect benefits such as pension fund, family health insurance, cancer protection, Childhood Valley, gymnasium, among others”.

The Workers' Committee, however, contests the conditions of the new model, considering that the company replaced previously agreed contributions with benefits whose continuity depends on decisions of the administration.

In the meantime, the Workers' Commission has announced that it has raised more than EUR 10 thousand in employee contributions to finance the appeal, exceeding the minimum amount of EUR 8,396 initially established.

According to the committee, the amount collected enables us to meet the costs foreseen for this stage of judicial proceedings.

Contacted by Lusa, the Workers' Commission chose, at this stage of appeal, not to comment, referring to the information available on its blog.