January 26, 2022

what portability when leaving the company?

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What is the portability of the mutual?

The portability of the mutual insurance company is a solution which allows an employee to keep his complementary health insurance in the event of departure from the company. This departure may follow a contract which ends or is broken.

In the event of portability, the former employee can continue to benefit from the advantageous conditions of the company mutual. The guarantees that apply are then the same as those in effect when he was part of his former company. When the contract also covers the employee’s dependents such as his spouse and children, their health cost guarantees are also maintained.

This portability device is free. In the same vein, if the company has a provident insurance contract, death, incapacity for work and invalidity guarantees can also be maintained. However, conditions must be met to benefit from it.

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Under what conditions can we benefit from the portability of the mutual company?

In order for a former employee to keep the company mutual, certain conditions must be met.

First of all, membership in the collective mutual insurance company offered by the employer is essential. In fact, the employee may, in certain situations, refuse to subscribe. This is particularly the case in several situations:

– When the employee has CMU-C or ACS,
– In the event of a part-time contract in which the amount of the contribution exceeds 10% of the salary;
– When he is already covered by another mutual, such as that of his spouse.

If the employee has subscribed to the company mutual insurance company, the employee can only request portability under certain conditions. First, he must have held his post for at least one month and must be able to certify that he has been covered by unemployment insurance.

The reasons for leaving are also taken into account. It must have taken place for a reason other than gross negligence. These layoffs do not allow the employee to maintain his mutual. Likewise, the principle of portability does not apply to employees who retire on grounds of invalidity or incapacity.

In the event of a resignation, an employee cannot claim the right of portability. And for good reason, the right to compensation from Pôle Emploi is one of the essential conditions which unfortunately cannot be fulfilled in the event of a resignation. On the other hand, people with a contractual termination are eligible.

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Portability of the mutual: what is the procedure?

To continue to benefit from company mutual insurance, a former employee does not need to file a file or make a request. Providing the insurance body with a certificate of coverage by unemployment insurance is indeed more than sufficient.

As regards the employer, it is up to him to indicate in the work certificate that the employee wishes to maintain the guarantees of the company mutual under the same conditions as active employees. He must also notify his insurer of the end or breach of the employment contract.

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How long for the portability of the mutual?

An employee can benefit from the portability of the company mutual insurance company from the termination of his employment contract. This can be maintained throughout the period during which he continues to be compensated by the employment center.

However, a capping mechanism has been put in place by law. The duration of the extension of the mutual insurance company cannot exceed one year after leaving the company. It is also equivalent to the time spent in society.

Thus, an employee who remains in the company for more than a year will benefit from portability for 12 months. If he has kept his position for 8 months, he will continue to enjoy the benefits of the company mutual insurance company for a maximum of 8 months after his departure.

Portability also stops:
– in the event of resuming a job: when the person finds work and is offered a mutual insurance scheme by his new employer,
– if she is no longer entitled to unemployment.

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Portability of the mutual insurance company: do you have to have a permanent contract?

No, the right to the portability of the mutual insurance company applies without distinction to all employees who subscribed to the company mutual insurance company when they were in post.

Whether they have been on a fixed-term contract, a professional contract or an apprenticeship, they will be able to continue to benefit from the benefits of the mutual insurance provided they meet the conditions set out above.

When the portability period comes to an end, the mutual insurance company can also offer individual support to the former employee of the company. If he accepts it, he will henceforth bear the cost of the contribution on his own, since he no longer benefits from a collective mutual. The law indeed requires employers to cover at least 50% of the costs of the mutual that it offers.

Conditions for maintaining your company mutual insurance guarantees :

Case Portability of the mutual
possible
Resignation NON
Resignation for legitimate reason (moral harassment …) YES
Conventional termination YES
End of fixed-term contract YES
Dismissal for gross negligence NON
Economic dismissal YES
End of trial period YES, if membership in the mutual fund and working duration> 1 month
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