Can you refuse the mutual or the foresight of your company?

Verified 23 November 2022 - 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.

Depending on your situation, we explain your rights.

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You already have a mutual as a beneficiary (group coverage)

You can apply to be exempted from the health costs plan in place in your company if you are already covered, including as a beneficiary, by one of the following:

  • Other compulsory group health costs scheme (compulsory family scheme for which the membership of family members, spouses, former members, children, is compulsory in the same way as that of the employee)
  • 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 employees of theState or local authorities

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 exemption takes effect

Please note

This exemption applies only to the reimbursement of health costs.

You are already covered as an individual

You can request to be exempted from the health costs plan set up in your company.

Membership waiver applies only until the expiry of the individual contract.

The request for waiver must be made 

  • at the time of hiring
  • or at the time of the introduction of collective cover.

Please note

This exemption applies only to the reimbursement of health costs.

You are already in the company when the device is set up

You can choose not to join if the plan (health insurance or health supplement) was set up by unilateral decision of the employer with financial participation of 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.

You benefit from the solidarity health supplement (CSS)

You can request to be exempted from the health costs plan set up in your company.

The membership waiver will apply 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.

You are a CDD or mission employee of 3 months or less or part-time (15 hours or less per week)

You can apply for a membership waiver and benefit from the "health payment" device.

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.

Please note

This exemption applies only to the reimbursement of health costs.

You're on a fixed term of less than 12 months

You can waive membership in 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.

Please note

This exemption applies to the health guarantee, incapacity, invalidity, death and supplementary retirement.

You are on a fixed term of at least 12 months

You may dispense with joining the collective agreement provided that you provide all documents justifying additional cover taken out 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.

Please note

This exemption applies to the health guarantee, incapacity, invalidity, death and supplementary retirement.

You're an apprentice

The situation varies depending on the amount of your contribution.

Your contribution is at least 10% of your 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.

You must request a waiver in writing.

Part-time employees may also mobilize this possibility of exemption.

Your contribution is less than 10% of your salary

The situation varies depending on the amount of your contribution.

You're on a fixed term of less than 1 year

You can waive membership in 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.

You are on a fixed term of 1 year or more

You may dispense with joining the collective agreement provided that you provide all documents justifying additional cover taken out 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.

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