Why use a PORTAGE SALARIAL company services ?

Vous souhaitez avoir recours aux services d’un consultant en portage salarial sans risque ?
N’étant pas juriste, le contexte légal du portage salarial vous échappe ?  
Vous voudriez éviter la démultiplication de vos fournisseurs de portage salarial en réalisant un contrat cadre ?
L’un de vos collaborateurs vous fait part de son désir de devenir indépendant ?
Vous voulez travailler avec des indépendants sans risque de requalification, de paiement d’arriérés de charges ou de délit de marchandage ?
Le faible rapport qualité-prix de la prestation de service vous agace ?

Cet article de fond traite justement de ces questions.

customer umbrella company

You’d like to work with a french worker | freelance without create subsidiary company ? The “portage salarial” system allows a French worker to invoice your company for his services without creating his own business. The worker is employed by the portage salarial company. The invoices are then transformed into a pay slip.

1. An umbrella company AND a payroll company

For a low rate, a portage salarial company propose more services than a payroll company to their consultants. This kind of French Umbrella Company realizes all the administrative work of the french freelance : commercial agreement, employment contract, invoices, pay slips, social and fiscal declarations or business expense management.

2. A portage salarial company is not a classical services company

With a rate of about 6%, the cost of the “portage salarial” is lower than a service company (from 20 to 60%). Furthermore, the worker is not payed between two missions : he must save money or apply for unemployment.

In conclusion, the cost of the portage salarial consultant is lower.

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3. How does a french portage salarial company work ?

The “Portage Salarial” is a tripartite contractual relationship in which a salaried employee having an employment contract with a portage salarial company performs a service on behalf of client companies. The worker can work for several customers in or out of France. This is a very regulated activity :

  • First of all, the “portage salarial” candidate must find a customer.
  • Then he negotiates a commercial agreement  independently.
  • Afterwards the “portage salarial” company  writes a regulated agreement.
  • Once the contract signed, the umbrella company hires the French worker.

At the end of each month, the worker asks his/her company the information for the invoices. Then the portage salarial company will do the invoices and the pay slip.

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Portage Salarial is regulated

Portage Salarial is regulated in France because this activity permits to the employer to not pay the employee between missions. The first peculiarity is that the employee must be independent. This is an advantage for the customer because he can’t be wanted by the consultant for a requalification or “marchandage”. The second peculiarity is that the portage salarial company is an exclusive activity. For example, a portage salarial company can invoice the intervention of its consultants but not a licence of a logiciel or the sell of a manufacturing product.

Article L1254-23 of the French labor code specifies imposes conditions to the commercial agreement provision of services in Portage Salarial. It must be concluded in writing and that it must mention the 9 following clauses and mentions:

  1. The identity of the employee;
  2. The description of the skills, qualifications and areas of expertise of the employee;
  3. The description of the service and its conditions of performance by the employee carried;
  4. The date of the end of the service and, where applicable, the minimum duration of the service when the term is uncertain and linked to the performance of the service;
  5. The price of the service agreed between the employee carried and the client company;
  6. The responsibility of the client company relating to the conditions of performance of the work of the employee worn, in particular questions related to their health, safety and working time, during the performance of their service on its premises or on his work site;
  7. If applicable, the nature of the personal protective equipment made available by the client company;
  8. The identity of the financial sponsor of the wage portage company;
  9. The identity of the insurer and the insurance number guaranteeing the civil liability taken out on behalf of the employee brought for damage caused in the client company during the performance of the service.

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