Salary portage is a hybrid status that combines the advantages of the entrepreneur and the employee. This system allows freelance to maintain its independence while benefiting from social protection and unemployment insurance. As a worn employee, you find your own missions, but you carry them out as part of an employment contract with a portage. This model is based on a tripartite relationship between the employee worn, the porting company and the customer. Find out what each contract should mention to secure this organization.
The tripartite relationship of wage portage
THE wage portage Starts three parts: the employee worn, the customer and the portage company. Each party has obligations, described in the three contracts linking them to each other.
The wage portage, how does it work?
The freelance that has chosen wage portage has a hybrid status: it is both Independent and employee entrepreneur of the porting company.
As an independent, the employee worn keeps full responsibility and freedom to choose his customers. The porting company is not required to provide it with work. It is up to him to find his missions. He negotiates his prices live with his clients, as well as the terms of performing services.
As an employee, He receives a salary and benefits from the benefits of employees. Concretely, his salary corresponds to the price of the services provided for his customers, after deduction of social, salary, employer and management costs.
The remuneration varies according to the missions carried out. There portage has no obligation to pay a salary to his employee worn if he has no customer. He is then in intermission.
How to join a wage portage company?
An independent can adhere to a porting device at any time, even if it has no mission in sight. He can choose this status when launching his business or after several years of activity. Only one condition is compulsory: exercising a provision of unregulated intellectual services.
The first step to access the status of employee worn is to contract with a portage company via a membership agreement. This defines the portage methods and mutual commitments of the employee worn and the porting company.
This document must be read carefully. In particular, it indicates the management fees applied by the portage company on each mission carried out by the employee worn. He also specifies the duration of the commitment and the conditions for paying wages and reimbursement of professional expenses.
It is also in the membership agreement that the social benefits of the employee worn (paid holidays, professional civil liability insurance, pension funds, provident, collective agreement).
The mission contract with the customer
Once the porting company has been chosen, freelance must find a first mission. The mission or service contract governs each project undertaken. Although the portage company is officially the contractual interlocutor with the customer, it is the employee worn who negotiates the mission methods, including the rate and the conditions of execution.
If the portage company is identified as the service provider, it is the employee who must find your customers in wage portage.
The mission contract must include essential information, such as:
- Client's contact details.
- Mission details (Description, places, timetables, equipment).
- The price and the duration service.
- Settlement conditions (For example, a deposit or a payment at the end of the mission).
- Special clauses (confidentiality, intellectual property, etc.).
- Professional civil liability insurance Freelance.
Generally, the porting company provides a standard contract to secure the service.
The employment contract with the portage company
An employment contract is signed between the portage company and the freelance as soon as it found its first mission.
What differences between an employment contract in wage portage and a conventional contract?
The employment employment contract is distinguished from the classic employment contract by many special mentions. Thus, he must specify:
- THE SKILLS of the employee worn and the nature of his activities. His missions must be part of his field of skills.
- There Working time calculation basis of the employee as part of his carrying services.
- THE method of calculating his monthly remuneration. Unlike the classic employment contract, the salary portage contract does not indicate a specific salary (unless it is signed within the framework of a single punctual mission).
- THE Reporting obligations of the employee worn. If he freely determines his schedules and working means, he must report each month to the portage company of the progress of his missions and his prospecting.
- THE Terms in case of absence or impossibility of carrying out a validated mission.
Apart from these specific mentions, a salary portage contract operates on the same principles as a classic employment contract. The worn employee must perform a trial period And submit to a medical examination. It also benefits from paid holidays at the rate of 2.5 days per month.
CDD or CDI in wage portage?
The employment contract can be fixed or indeterminate. This must be indicated precisely in its title.
The differences between the CDD and the CDI?
- CDD has a maximum duration of 18 months. A fixed -term contract can be renewed twice, within the limits of this duration. It can nevertheless be extended up to 21 months to facilitate the search for new customers after a long mission. But if the porting company and the worn employee wish to continue their collaboration after this period, a CDI must be signed.
- As with a classic employment contract, the CDD ends tacitly after the period fixed in the employment contract. CDI termination must be motivated. It takes the form of a contractual termination, a dismissal or a resignation and can Open right to compensation.
Good to know: a mission cannot exceed 36 months. Beyond this limit, it can be reclassified as a permanent contract within the client company. It is also possible to Break a wage portage contract.
The choice between CDI and CDD depends on several factors. The first ? The duration and regularity of the missions. An independent entrepreneur with occasional and irregular missions may prefer the CDD to avoid unpaid intermissions.
But he can also opt for a permanent contract for reasons outside his professional activityfor example to facilitate access to housing or a bank loan. If the mission exceeds 18 months, no choice possible, it will be the CDI.
Do not hesitate to opt for a permanent contract. It is always possible to Change for another wage portage companyeven during the contract with a client.
Our tip to sign a salary portage contract
Are you convinced by wage portage? The first step: sign a membership agreement with a porting company. Do not hesitate to compare the offers, in particular mutual commitments, benefits and management costs.
To conclude a salary portage contract, you will have to find a first mission. The Codeur.com platform offers concrete tracks to become freelance and develop your customers by winning missions. The platform offers above all short -term missions, but some sometimes lead to longer -term contracts.
It's up to you to play to negotiate your service contracts and … execute your missions safely, supervised by the portage company!