December 5, 2022

Is health insurance a mandatory feature? Understand what companies should and should not pay

Those who work under a formal contract have an official job according to the CLT (Standardization of Labor Laws). This means that this category of people can count on various benefits and rights guaranteed by law.

Therefore, workers must know what rights are guaranteed by the Labor Code and what additional benefits employers or companies can choose to pay.

Learn more about the benefit – Photo: jeanedeoliveirafotografia / pronatec.pro.br

Benefits for whom is CLT

First of all, it is worth remembering the benefits that CLT provides to workers in Brazil. are they:

  • the right to receive the thirteenth salary;
  • Right to FGTS (Guarantee Fund for Length of Service);
  • additional for unsanitary or dangerous conditions;
  • paid vacations;
  • paid weekly leave;
  • the right to notice;
  • Transportation vouchers
  • receive unemployment insurance;
  • payment of family allowance;
  • PIS / Pasep Salary Bonus.

However, there are other optional benefits. That is, labor legislation does not obligate companies to provide it, but employers can choose to offer it. This is the case, for example, with food stamps and food stamps.

In this way, many people may think that these two, different benefits, are the obligations of the company. But in reality, there is nothing in the law that obliges employers to pay their salaries.

Plus, another benefit that can leave workers with a lot of doubt is the health plan as well. After all, is the utility mandatory or not?

know more: Is it possible to retire with two benefits? Understood!

Is health insurance a mandatory feature?

The answer to this question is no. Therefore, there is no obligation for the company to provide the benefit, but it can if it wants to. An offer can give a company a difference compared to others that they don’t.

If it does, it is essential that the worker and the company enter into an agreement on the health plan. This is because it is necessary to negotiate the partial or full supply of the healthcare plan.

Thus, the issues that can be considered are the type of plan and the amount paid. This is because there is no definition, by law, of the minimum amount to be paid, either by the worker or by the company.

What the labor law says is that the deduction can be a maximum of 30% of a worker’s salary to pay for the health care plan. This deduction can only be made with the employee’s permission.

That way, he has to agree, as the payroll is debited. It is necessary to have a contract signed by the employer and the responsible person, in the company, who is able to prescribe all the information about the health plan.

Other benefits that are also optional and can be included in a company’s optional membership plan are a basic food basket, profit sharing, scholarships, and a daycare allowance, among others.

And in the case of separation?

If a worker is fired without a valid reason, the worker will bear the cost of the health care plan, and must pay the premiums in full.

Those who leave for a permanent or temporary disability benefit, for a sickness benefit, as well as women on maternity leave, still retain the right to a health care plan. The company in this case must maintain the plan.

see also: Diseases in the column whose benefits are GUARANTEE INSS: check the list!