Post by account_disabled on Jan 25, 2024 4:13:21 GMT
Recently, the Superior Court of Justice managed to pacify matters that, until recently, gave rise to broad discussions, and highly divergent interpretations within the Regional Regions, especially São Paulo. All due to the requirements required so that both employees dismissed without just cause and retirees could be entitled to the continuity of the corporate health plan, an advantage that, nowadays, constitutes a true essential good, given the notorious deficiency in the medical service offered by the public network.
The legislation guarantees the benefit, both to Buy Phone Number List employees dismissed without just cause (with the right to remain a user of the health plan for a period corresponding to one third of the time they remained as a beneficiary, computing a minimum of six months and a maximum of of twenty-four months), as well as to retirees (beneficiary until the end of their life, as long as they have contributed for a period of more than ten years or, if for less than ten years, for the period corresponding to the period of contribution). It is important to note that a condition clearly imposed by law to enjoy this benefit is that this former employee has actually contributed to the payment of part of the plan's price, even through payroll deduction.
Thus, it is expressed in law 9,656/98, which provides for private health care insurance, popularly known as health plans, that a former employee who (i) has contributed any amount, including by through payroll deduction, to cover part or all of the monthly payment for your health plan, (ii) you have taken advantage of the benefit because it was offered by your former employer as a result of an employment relationship, (iii) you have had your employment contract terminated unmotivated, or due to retirement. However, until the STJ had, as appears to have finally happened, sought to promote an attempt to unify criteria, a highly relevant issue had been dividing opinions with regard to the notion of what is considered this "contribution" for the purpose of guaranteeing the right provided for by law.
The legislation guarantees the benefit, both to Buy Phone Number List employees dismissed without just cause (with the right to remain a user of the health plan for a period corresponding to one third of the time they remained as a beneficiary, computing a minimum of six months and a maximum of of twenty-four months), as well as to retirees (beneficiary until the end of their life, as long as they have contributed for a period of more than ten years or, if for less than ten years, for the period corresponding to the period of contribution). It is important to note that a condition clearly imposed by law to enjoy this benefit is that this former employee has actually contributed to the payment of part of the plan's price, even through payroll deduction.
Thus, it is expressed in law 9,656/98, which provides for private health care insurance, popularly known as health plans, that a former employee who (i) has contributed any amount, including by through payroll deduction, to cover part or all of the monthly payment for your health plan, (ii) you have taken advantage of the benefit because it was offered by your former employer as a result of an employment relationship, (iii) you have had your employment contract terminated unmotivated, or due to retirement. However, until the STJ had, as appears to have finally happened, sought to promote an attempt to unify criteria, a highly relevant issue had been dividing opinions with regard to the notion of what is considered this "contribution" for the purpose of guaranteeing the right provided for by law.
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