Health insurance: is it compulsory to have mutual insurance?


Having health insurance is essential to be well reimbursed. And the ANI law (National Interprofessional Agreement) in force in 2016 obliges employees in the private sector and associations to contract a mutual health. This system aims to cover all private sector workers in the event of health problems. It should be noted that this reform provides employees in the private sector with access to company mutual insurance. However, certain professional situations exempt you from subscribing to compulsory company mutual insurance in favor of individual mutual insurance. In addition, it is better to compare health insurance (both the price and the conditions) before committing.

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Is mutual insurance compulsory when you are on fixed-term contract?

Faced with the regulations on company mutual mandatory for private actors, fixed-term contracts may nevertheless derogate from the rule. Let’s take a closer look at the different situations that give rise to this exemption for fixed-term contracts.

The case of a 3 month CDD

The collective agreement of your company provides for compulsory membership of the mutual contract only beyond 3 months of fixed-term contract. If the collective agreement does not mention any minimum contract duration, you can still apply for an exemption. To be eligible, you must prove that you are affiliated with another mutual health insurance company.

The case of a fixed-term contract of more than 3 months

In this specific case, company mutual insurance is not compulsory when the company has not signed an act to this effect. If the collective agreement mentions the attachment obligation for fixed-term contracts, you must subscribe to it.

The case of a part-time CDD

In this case, the employer cannot force his employee to join the mutual company. Under the law, part-time employees whose contribution exceeds 10% of their remuneration are exempt from this obligation.

Can you refuse the mutual of your company?

You are employees of private sector or associations and do not want to join the mandatory company mutual?

Here are the workers who can apply for an exemption:

  • Beneficiaries of their spouse’s company mutual insurance (married or civil partnership)
  • Those who already benefit from individual mutual insurance: the exemption remains valid until the end of the rights
  • Beneficiaries of complementary health insurance (CSS)
  • Part-time workers whose mutual contribution exceeds 10% of remuneration
  • Employees on fixed-term contracts of less than 3 months who have individual health coverage
  • Employees on fixed-term contracts of more than 3 months whose company collective agreement gives the opportunity to derogate from the obligation
  • The trainees
  • Seasonal workers

Please note: in the absence of these reasons, the employee must subscribe to the company mutual insurance company.

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Mutual FAQ

There are many subtleties for the obligation to take out mutual insurance. Let’s take a look at the recurring questions.

Is it possible not to have mutual insurance?

Since 2016, all employees in the private sector and associations are required to subscribe to mutual insurance. This Law allows everyone to benefit from company mutual insurance. In certain situations, the employee can keep his individual complementary health insurance. On the other hand, for other workers (self-employed, public sector), joining a mutual insurance company is optional. However, good health coverage remains essential if you want to benefit from optimal care. In addition, you can benefit your household with a family mutual.

Is company mutual insurance compulsory?

Company mutual insurance is mandatory in the private and voluntary sector. The ANI 2016 law intervenes according to the national interprofessional agreement which works for the health protection of employees.

How to make the request for refusal of mutual company?

Does your situation allow you to refuse subscription to company mutual insurance? In this case, you must send a letter to the human resources department of your company. Your request must be accompanied by the reason ensuring the exemption from membership of the compulsory mutual insurance company as well as the documents justifying it.

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