Can an employee keep the mutual employer at the end of the employment contract?

Your employment contract has been broken. Portability allows you to continue to be protected after leaving the company for a certain period of time.

Indeed, you continue to benefit from guarantees health costs in effect in your company.

If your company has provident scheme, you also benefit from portability for warranties related to risk of death, incapacity for work and disability.

For this to happen, certain conditions must be met.

You can benefit from portability, if you fill in all the following conditions:

• You have joined the supplementary company health cover
• You've been the subject of a breach of your employment contract for a reason other than gross negligence
• Termination of your employment contract straight work to the assumption by unemployment insurance.

Your rights-holders portability may also be provided by:

• If it is a collective contract (dit family contract)
• If you even benefit from this portability.

You don't have to pay.

If you meet the conditions, portability is your right.

However, you have to justify to the insurance organization that you are covered by the unemployment insurance scheme.

Your employer:

• Points out that these guarantees are maintained in the work certificate
• And notify the insurance organization of the termination of your employment contract.

You continue to benefit from the additional health and welfare guarantees of the company at from the date of cessation of your employment contract.

You continue to benefit from the complementary health and welfare guarantees of the company during a duration equal to the unemployment benefit period.

This is within the time limit:

• From your last employment contract
• Or, as the case may be, the last employment contracts where they are consecutive with the same employer.

This period may not exceed 12 months (1 year).

Maintaining your coverage ceases:

• When the retention period expires (example: you are no longer compensated by Pôle emploi)
• Or if a new job is resumed.

This maintenance may not exceed 12 months (one year).

The contract or agreement must provide for the terms and conditions and tariffs of new contracts or agreements.

No later than 2 months after the end of such retention of rights (called portability), the insurer sends you a proposal to maintain the guarantees on an individual basis (referred to as the Evin's law ").

This new contract will:

• Is not free
• Is not time-limited
• Only health care costs and not foresight.

To benefit from this proposal, you must apply no later than 6 months after the end of the portability.

Guarantees maintained

You have the same collective and mandatory guarantee "health costs" that you receive when you leave the company.

Cost

You can benefit from the maintenance of the company health mutual, individually and for a fee.

Rates may not be higher than 50% the overall tariffs (employers' and employees' shares) applicable to active employees.

The progressive price cap is spread over 3 years:

• 1^era year: rates equal to those of assets
• 2^e year: maximum 25% superiors
• 3^e year: maximum 50%