The obligations and benefits of a high degree of solidarity

Written by Estelle BALDERESCHI |  Posted on 16/10/2024

What is a high degree of solidarity?

The legal "high degree of solidarity" system creates non-contributory rights for employees. This system, created following the censure of insurance company designation clauses in industry agreements, enables employees to benefit from collective or individual social action or prevention measures. These measures can be implemented through a range of services developed by insurers and other players in the social protection sector.

 

The legal framework for a high degree of solidarity

The Decree of December 11, 2014: the main provisions

When the French Constitutional Council ruled that designation clauses were out, insurers argued that they represented a form of solidarity between all the members of a professional branch, through the consolidation of their risk with a single player. In line with this decision, the legislator has proposed a new system: the recommendation. Following a competitive tendering procedure, the social partners can recommend one or more insurers to bear the risk of the conventional scheme. This option is accompanied by an obligation to provide benefits that are not directly contributory, and that offer a "high degree of solidarity". It is through this tool that solidarity persists between insureds covered by the recommended conventional scheme.

Financing solidarity benefits: how does it work?

The high degree of solidarity scheme: A voluntarily flexible contractual tool

The Decree of December 11, 2014 specifies the rules for financing the high degree of solidarity, while providing flexibility for benefits. These are defined through broad guidelines and examples, without being limited to these frameworks alone.

Allocation of 2% compulsory contributions

For each recommended scheme, 2% of compulsory contributions must be allocated to the financing of " high solidarity" benefits , including non-contributory benefits, regardless of the nature of the recommended insurer. This 2% is allocated to the solidarity fund managed by the recommended insurer.

Managing solidarity funds

However, in some cases, the social partners have not empowered the insurer to centralize all these contributions. This raises the question of companies that have taken out a contract with a body other than the recommended insurer. The recommended insurer is not authorized to receive contributions linked to customized contracts taken out with another player. In this second case, the obligation to establish solidarity remains, but it is limited to the company and not to the branch.

 

Obligations of companies with regard to the high level of solidarity

Specific features of membership of a recommended insurer

Even if the company has not signed up with the recommended insurer, it is still obliged to participate in the high level of solidarity. Where the social partners have not determined the terms and conditions of non-directly contributory benefits, the employer is required to organize the scheme in accordance with industry guidelines.

Implementation procedures for companies

In addition to arranging for the 2% to be taken into account with the insurer, it is the benefits themselves that should be a source of interest. The link with the insurer and the administrator is important here, as the latter has developed a range of services around health and prevention, enabling the company to propose concrete actions financed by the fund.

The scope of corporate action

In order to support the weakest populations or those exposed to risk, the high level of solidarity must contribute to the financing of non-contributory benefits. These benefits may take the form of :

  • Contribution coverage, in whole or in part, for employees, apprentices or former employees whose contribution represents at least 10% of their gross income.

For example, the financing of apprentices' contributions, thus preventing this population from foregoing healthcare.

  • Financing occupational risk prevention initiatives specific to the branch's business activities.

These include primary prevention workshops, which are part of the national health policy, and are geared to preventing risks related to the professional sector. For example, the bakery and patisserie branch promotes workshops on posture and correct gestures in order to train its apprentices, thus avoiding the proliferation of accidents in the sector. These preventive actions can also be directed at a secondary level, by financing services such as second medical opinions or screening campaigns.

  • The provision of individual or collective social services for vulnerable groups. This is particularly aimed at people who may find themselves in difficult financial or psychological situations, such as carers, former employees losing their independence, families in the event of death, people returning to work, etc.

The regulations set out guidelines for solidarity initiatives, but remain open-ended and offer considerable freedom to social protection players. While some industries, such as metallurgy and transport, have taken up the issue and set out both the nature of the benefits to be implemented and the populations targeted by these solidarity and prevention measures, others merely mention the obligation to finance this high degree of solidarity and take up the regulatory provisions.

 

Solidarity benefits and actions: how to implement them?

Occupational risk prevention actions

Collective actions linked to prevention policy and the reduction of occupational risks include, for example:

  • Organization of preventive actions on occupational risks or health prevention: work posture, sleep, musculoskeletal disorders, diet, stress management, etc.
  • Alternative medicine workshops, such as the presence of an osteopath on site
  • Health check-ups
  • Company vaccination campaigns (anti-flu, etc.)

Many other collective actions can be organized as part of a high degree of solidarity. Our services can also be broken down into individual actions, including :

  • a support and assistance service for carers and employees with a disabled child
  • Psychological support in the event of a traumatic event
  • A dedicated social fund...

A real benefit for policyholders, these solidarity initiatives are still too rarely implemented. And yet they provide support on a daily basis and in difficult situations.

 

The role of the managing broker in setting up the system

Brokers and managers play a key role in helping companies set up solidarity schemes. Their expertise enables them to steer and coordinate the various stages required for the efficient implementation of these services. Drawing on their in-depth knowledge of legal obligations and the specific features of each professional sector, they assist employers in selecting the most appropriate services, thus guaranteeing the compliance and effectiveness of the scheme. As coordinators, brokers act as a central point between companies and insurers. They supervise the management of the solidarity funds, ensure that contributions are properly allocated and that the benefits provided correspond to the needs identified. Their role also involves adjusting schemes in line with company feedback, by piloting corrective measures or proposing ongoing improvements. Brokers also play a key role in communication. They inform and raise awareness among companies of their obligations and the opportunities offered by the high degree of solidarity. By clearly explaining the advantages of preventive actions and the benefits of solidarity benefits, they encourage the commitment of companies and employees alike, thereby reinforcing the effectiveness of the measures put in place. Through this proactive approach, the broker contributes to the long-term viability of health and provident schemes by ensuring that preventive actions are not only implemented, but also optimized to meet the challenges of collective health and social performance.

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Post written by
Estelle Baldereschi

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