Can we refuse the company mutual?

Can we refuse the company mutual

Since the law of 2016, employees are obliged to join the mutual insurance company offered by their company, in the case of private groups. This obligation concerns all types of contracts, even of limited or short duration. But are there cases where you can refuse the mutual insurance company of your company?

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Complementary health insurance must be offered to all employees of a business from the private sector. In principle, it is compulsory. The objective is to offer good health coverage to employees, in addition to Health Insurance.

However, there are cases where an exemption from subscription to the employee’s mutual health insurance is possible. We present them to you in this article.

In which cases is it possible to refuse the mutual company?

You can refuse to subscribe to your company’s mutual insurance company in the following cases:

  • You already have a mutual as a beneficiary (group coverage), if you are married or in a civil partnership with a person holding another health plan
  • You already have a mutual (individual complementary), the exemption is valid as long as your mutual insurance contract is valid
  • You benefit from complementary solidarity health (CSS), the exemption is valid as long as you are covered by CSS
  • You are a part-time employee and your collective agreement provides for the possibility of refusing company mutual insurance
  • You are a part-time employee and the contribution to your mutual insurance company exceeds 10% of your salary
  • You are on a fixed-term contract or on an assignment contract (up to 3 months), and you already have individual coverage or through a beneficiary
  • You are on a fixed-term contract or on an assignment contract (between 3 months and 1 year) and your collective agreement provides for the possibility of refusing the company mutual
  • You are on a fixed-term contract or on an assignment contract of 1 year or more and your collective agreement provides for the possibility of refusing the company mutual
  • You are an apprentice and your collective agreement provides for the possibility of refusing the company mutual

You will find all the official information on the website of public service French.

How to make the request for refusal of mutual company?

Once the decision has been taken not to join the mutual business because you belong to one of the preceding cases, it is your responsibility to request an exemption. It is always the employee who will have to be at the initiative of the termination of the contract of mutual company.

For this, the process is simple. The exemption from the mutual insurance contract is requested by letter. The letter must be delivered to the Human Resources department of the company, at the time of hiring or the establishment of the mutual contract within the company.

If the conditions for exemption are met, the employer will only have to acknowledge receipt of the employee’s refusal to benefit from the mutual health insurance. He will not be able to oppose the decision.

Finally, the exemption from subscription to the mutual insurance company is not a definitive fact. The employee may very well decide to go back later. For example, if its health coverage individual or its beneficiary expires.

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