Collective agreements supervise the rights of employees and businesses, in different activity sectors. That the collective wage portage agreement ? And what legal provisions should a worn employee know?

Be aware that with or without wage portage, you can Find freelance missions on our platform.

We invite you to take stock of the collective agreement for worn employees, its function and the signatories of the text. We will then summarize its provisions concerning training, leave or reimbursement of professional costs by wage portage !

Focus on the collective wage portage agreement

Let us see what a collective agreement is, and what is its place in the labor law. Is it binding on the legal level? And when does the collective agreement for worn employees?

A legal framework for certain trades

A collective agreement is used to lay a legal framework For :

  • A company,
  • a group of companies,
  • or a whole professional branch.

It is a recent concept in French law. The first collective conventions date from less than a century. They always make it possible to specify rules concerning affiliation to social security, vocational training or the duration of the leave.

Collective agreements are legal texts, but they do not have the same status as labor laws, voted in Parliament.

In the hierarchy of legal standards, the collective portion of portage has less value than European law, the French Constitution, ordinances, laws, decrees and decrees. Nevertheless, collective agreements and collective agreements exceed the company's internal regulations.

When the employment contract of a worn employee contravenes the CCN of wage portage, it is this one that prevails. The legal value of the contract is lower than that of the collective agreement on wage portage.

In cases where the collective agreement and the labor code contradict, the provision which prevails is the most favorable to the employee. This is the principle of favor, described in article L2251-1 of the Labor Code.

A collective agreement dedicated to wage portage

The wage portage agreement was signed in 2017. Its text, the collective branch of employees carried outis the fruit of an agreement between:

  • PEPS, union of employment professionals in wage portage,
  • FEPS, federation of porting companies,
  • and several organizations of worn employees.

The collective portage agreement is applicable for an indefinite period. It can be renegotiated, at the request of social partners such as professional unions.

Each agreement has a unique number: the collective agreement identifier (or IDCC code), awarded by the Ministry of Labor. That of the employees worn bears the IDCC 3219. The IDCC code 3219 appears in the nominative social declaration of Portage companies. This means that they obey the national collective agreement of worn employees.

Also keep in mind that there is no use of change your portage To change collective agreement since there is only one.

The main themes of the CCN of wage portage

The wage portage allows you to exercise an independent activity with employee status. The general laws of the Labor Code do not specify the entire legal framework applying to the employees worn. It is a particular system, which requires a collective agreement.

The CCN (the national collective agreement) of salary portage has 44 articles distributed in a preamble, 11 chapters and 2 annexes. The main CCN provisions concern:

  • the workplace and professional trips,
  • the minimum wage and the employment contract,
  • professional classification,
  • social dialogue and the social and economic committee (CSE),
  • vocational training,
  • mutual health and foresight,
  • The holidays.

Other provisions of the agreement concern the professional classification in wage portage, the national joint commissions and the employees carried out with disabilities. It also provides specific rules on breach of contract, management of periods without service and transparency via an individual activity account.

Collective agreements are legal texts, doomed to evolve according to developments in the world of work and the needs of employees. CNNs are regularly amended with endorsements and new agreements.

The entire collective agreement for worn employees (with its appendices and additional agreements) is available on the Legifrance service website.

The provisions of the collective agreement of the employee carried

The text of the collective agreement on wage portage addresses multiple themes. Here is a summary of the main legal provisions in application.

Professional workplace and trips

Whatever his job, an employee in portage has several workplaces. He works in various companies, and goes to his agency. After a service, The framework made prospecting. All these activities lead to travel and professional fees.

In its endorsement number 9, the collective agreement on wage portage invites companies to take into account the expenses of the worn employees. The Portage Agency manages and controls travel costs (article 2).

Agencies are not required to reimburse professional expenses in wage portage. The CCN asks them to manage these sums, that is to say to count:

  • the costs to invoice the customer of the service,
  • the operating costs of the employee.

Provisions related to the employment contract

Articles 16 to 25 of the collective wage portage agreement indicate the minimum wagethe duration of the contracts, and their rupture conditions.

The contract concluded between the employee worn and the portage company is fixed, or indeterminate. It is an employment contract, while the mission fixed -term contract constitutes a commercial act. Only the service periods count to determine the seniority of an employee.

The company has the obligation to pay a salary to the employees brought for each service. According to article 21.3 of the CCN, the minimum wage of a frame carried corresponds, in the day, to 85 % of the social security ceiling.

Pursuant to article 22.2 of the collective wage portage agreement, the company has the right to dismiss an employee for the absence of a service. After a month of ineffective prospecting, the contract can be broken.

Social dialogue and representation

The collective wage portage agreement devotes its articles 12 to 15 to collective relations in companies, as well as to social dialogue.

Like all employees, Porting frames have the right to be represented by staff representatives. Elected officials receive their salary during their delegation times. When they go to a meeting organized by the company, their professional costs are reimbursed.

The law provides for the establishment of a social and economic committee, for any portage company with more than 11 employees. CSE members bear the demands of employees concerning:

  • wages,
  • respect for the labor code,
  • the application of the CCN of salary portage.

Vocational training

Articles 29 to 36 of the wage portage agreement establish a legal framework for the vocational training of employees worn.

The porting company must promote the development of the skills of the executives worn. It can organize training, concerning a professional activity or the search for services. To participate, the employee has the right to mobilize his personal training account.

In terms of vocational training, companies specializing in portage are helped by an OPCO, or skills operator. In accordance with article 35 of the collective agreement, the OPCO is appointed by the social partners of the salary portage branch.

If the employee worn undergoes training as part of a service, he is covered by Social Security in the event of an accident at work or an occupational disease. Apart from a service, it is his mutual that covers his health expenses in addition to health insurance.

Health of employees in portage and foresight

The status of worn employees allows you to be affiliated with social security. The collective wage portage agreement also asks companies to offer employees a Mutual Health. This provision appears in an annex to the main text.

In a portage company, a provident and coverage of health costs is compulsory. Companies with less than 50 employees are exempt from offering mutuals to worn employees.

Paid holidays

Article 28 of the collective wage portage agreement contains several provisions concerning duration of leave. For each month of service provided, the employee in wage portage accumulates 2.5 days of paid leave.

He has the right to take his holidays from the start of the employment contract. At the end of a fixed -term employment contract, the company pays a leaks paid to the employee. In wage portage, the non -working holidays are the same as for other employees. Other compensation its provided for, such asend of contract.

Activity account and transparency

Each employee worn has a activity account Staff, who traces:

  • the turnover billed to the customer,
  • Management costs,
  • Professional costs,
  • social contributions,
  • the net salary paid.

This transparency is a legal obligation.

Our tip to take advantage of the collective wage portage agreement

Whether you are in fixed -term contracts, permanent contracts or you have opted for the Portage after retirementthe agreement applies and opens up rights to you!

There collective wage portage agreement is a text that deserves to be read if you are a worn employee. You will thus know all your rights linked to social benefits, paid holidays and salary payment.

Do you want to exercise an activity on your own? Here is what you need to know before become freelance.