refund of employer share of pension

[salt_aoe]

Hello all,

I have returned to India permanently after working in Germany for 4 years and it has been 2 years since my last pension contribution. So I wish to apply for pension refund.

According to §210 SGB VI (3) (https://www.gesetze-im-internet.de/sgb_6/__210.html)
apparently the employer share of the pension is also refundable in cases where there is a net wage agreement.

How do I find out if this is applicable to my employment situation?

Thanks

[Franklan]

You are refering to this sentence:

"War mit den Versicherten ein Nettoarbeitsentgelt vereinbart, wird der von den Arbeitgebern getragene Beitragsanteil der Arbeitnehmer erstattet."

I don't know the contract you had with your German Employer, but I bet my first born son on the fact that the contract states your Brutto-Salary, not your Netto-Salary.

They way I understand it: No, you cannot get the contributions as paid by your employer, only what you paid into the pension system.

[salt_aoe]

Thanks Frankian for your response. It occurred to me to check the contract, but my german is not that good.

I have listed below the sections my contract:

1 Hiring, scope of employment
2 Application of collective agreements and legal provisions
3 Probationary period, termination
4 Classification
5 Assignment clause
6 Subsidiary agreement(s)

Could anyone point out which section describes the netto or brutto agreement of the employment relationship?

Thanks

[Franklan]

The section where your salary is described...

[Nixon]

Seeing what is involved into a pay tax calculation, I would really like to see an employer that would go through with a Netto pay in an amployee contract.

You are refering to this sentence:

"War mit den Versicherten ein Nettoarbeitsentgelt vereinbart, wird der von den Arbeitgebern getragene Beitragsanteil der Arbeitnehmer erstattet."

I don't know the contract you had with your German Employer, but I bet my first born son on the fact that the contract states your Brutto-Salary, not your Netto-Salary.

They way I understand it: No, you cannot get the contributions as paid by your employer, only what you paid into the pension system.