Can you refuse the mutual or the foresight of your company?
Verified 16 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You can refuse to join the supplementary collective health insurance (mutual) or the pension plan (death, incapacity for work, disability) only in certain cases. We explain your rights.
The terms and conditions for dispensing with your company's mutual insurance or insurance plan vary depending on your situation.
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Employee already covered by a mutual benefit scheme as a beneficiary (collective cover)
You can apply for dispensation to join the health-care costs scheme set up in your company if you are already covered, including as a beneficiary, by one of the following:
- Other compulsory company group health costs scheme (scheme for which the membership of family members, spouses, former members, children is possible). It doesn't matter whether it's optional or mandatory
- Group insurance contract Madelin
- Alsace-Moselle Local Regime
- Supplementary scheme under the sickness insurance fund for the electricity and gas industries (CAMIEG)
- Supplementary social protection body for State or local government officials.
You can request the waiver:
- At the time of hiring
- On the date of the introduction of the guarantees
- On the date on which the coverage to apply for the waiver takes effect.
Please note
This exemption applies only to reimbursement of health costs (not to disability, disability, death and supplementary retirement).
Employee already covered individually
You can apply for dispensation to adhere to the health costs regime in place in your company.
The membership waiver applies only until the expiry of the individual contract.
The request for exemption must be made:
- At the time of hiring
- Or at the time of collective coverage.
Please note
This exemption applies only to reimbursement of health costs (not to disability, disability, death and supplementary retirement).
Employee present in the company when the device is put in place
You can choose not to join whether the scheme (health insurance or health supplement) was set up by unilateral decision of the employer with financial participation by the employee.
You must request a waiver in writing.
You can request:
- On the day the guarantees are put in place
- On the day of the amendment of the pre-existing arrangements calling into question the full financing of the guarantees by the employer.
Please note
This exemption covers health guarantees, incapacity, invalidity, death and supplementary retirement.
Employee receiving the Solidarity Health Supplementary (CSS)
You can apply for dispensation to adhere to the health costs regime in place in your company.
The membership waiver applies as long as you benefit from the CSS.
You can request:
- At the time of hiring
- On the date of the introduction of the guarantees
- On the date on which the SOC takes effect allowing you to apply for the waiver.
Please note
This exemption applies only to the reimbursement of health costs.
Employee on fixed-term or assignment contracts of 3 months or less or part-time (15 hours or less per week)
You can request a waiver of membership and benefit in return for the ‘health payment’ scheme.
This arrangement consists of an employer's contribution to the financing of your individual supplementary cover.
This request for exemption may be made:
- At the time of hiring
- On the date of the introduction of the guarantees.
To access this device, your individual contract must be a so-called “responsible” contract, that is to say that it respects the conditions of care provided by the texts.
Please note
This exemption applies only to the reimbursement of health costs.
Employee on fixed-term contracts under 12 months
You can apply for a waiver from the collective agreement even if you do not otherwise receive individual coverage.
In order for this exemption to be possible, the legal act (collective agreement, unilateral decision of the employer) which has put in place the collective cover mechanism must provide for this possibility. The employer is then obliged to accept this exemption.
Please note
This exemption is valid for health insurance, disability, disability, death and supplementary retirement.
Employee on fixed term contracts of at least 12 months
You can apply for a waiver of membership in the collective agreement provided that all documents are provided providing additional cover for the same type of guarantee.
In order for this exemption to be possible, the legal act (collective agreement, unilateral decision of the employer) which has put in place the collective cover mechanism must provide for this possibility. The employer is then obliged to accept this exemption.
Please note
This exemption is valid for health insurance, disability, disability, death and supplementary retirement.
Apprentice
The situation varies depending on the amount of your contribution.
Contribution at least 10% of gross salary
Whether you are on a permanent contract or a permanent contract, you can choose not to join if the legal act (collective agreement, unilateral decision of the employer) that set up the pension scheme provides for this possibility. The employer is then obliged to accept this exemption.
You must to request in writing an exemption from membership.
FYI
The same applies to part-time employees.
Contribution less than 10% of salary
The situation varies depending on the amount of your contribution.
CDD less than 1 year
You can apply for a waiver from the collective agreement even if you do not otherwise receive individual coverage.
For this exemption to be possible, the legal act (collective agreement, unilateral decision of the employer) which has put in place the collective cover mechanism must provide for this possibility. The employer is then obliged to accept this exemption.
CDD of 1 year or more
You can request a waiver of membership of the collective agreement provided that you provide all documents justifying additional cover purchased elsewhere for the same type of guarantee.
For this exemption to be possible, the legal act (collective agreement, unilateral decision of the employer) which has put in place the collective cover mechanism must provide for this possibility. The employer is then obliged to accept this exemption.
Who can help me?
Find who can answer your questions in your region
Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)
Search for DDETS on the interactive map by clicking on the department desired.
Employees exempt from entitlement (Article L911-7 (III))
Employee opt-out (Article R242-1-6)
Employees exempt from entitlement (Articles D911-2 and D911-3), other cases of exemption (Articles D911-4), health check (D911-8)
For the calculation of the "health check"
Exemption cases (paragraphs 800-940)
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