In the event of dismissal, it is possible to continue to benefit from certain advantages offered to you by the company or the association in which you were employed, for a certain time and under certain conditions: this is the principle of portability, to which covers, in particular, complementary company health insurance, as well as guarantees linked to the risks of death, incapacity for work and invalidity. It is therefore possible to remain affiliated to his company mutual, even once dismissed. If they were attached to it, spouses and children also retain their rights. However, this is not systematic and some conditions apply.
When can you take advantage of the portability of company mutual insurance?
Not everyone can benefit from enterprise portability. For this, four conditions must be met:
- Have worked at least one month in the company.
- Be entitled to unemployment benefits after the end of your contract.
- Not be dismissed for gross negligence.
- Have taken out company mutual insurance before your dismissal.
Be subject to a disciplinary dismissal is therefore not necessarily incompatible with the maintenance of the company’s health cover if it is a simple or serious fault. Only gross negligence is redhibitory. Contractual termination, dismissal for incapacity, economic reasons or even personal reasons fall perfectly within the scope of portability, whether your contract was a CDD, a CDI, a seasonal or temporary contract. Keeping your company mutual is a possibility and not an obligation. It often offers advantageous guarantees, but you can completely refuse this portability if you wish or if you have found a best mutual health insurance.
What are the steps to take to keep your company mutual?
As an employee, you do not have to take any particular steps to benefit from your right to the portability of company mutual insurance. It is indeed your employer who is responsible for informing his insurer that you are leaving the company, but want to keep the complementary health insurance. You will simply have to provide your employer with proof that you are well supported by unemployment insurance, reformed in 2021.
You can keep the company health mutual for the duration of your last employment contract in this company and within the limit of twelve months maximum. Once at the end of your rights or if you find a job earlier, you will have to inform the insurer and will lose the company mutual.
Note that you don’t have to pay anything to take advantage of the portability of company mutual insurance. Indeed, its mutual-type financing is provided by the employees still working in the company.
(By the editorial staff of the hREF agency)
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