What is the role of the portage salarial company?

Article L.1251-64 of the French Labour Code defines portage salarial such as a:

"contractual relationship between a portage company, a persons carried and client companies".

This new form of work allows self-employed persons to retain their independence in negotiating, prospecting and carrying out their assignments.

In return, they receive a salary that depends on their turnover.

The role of the portage salarial company is to take care of the contractual, administrative and fiscal procedures. This involves a tripartite relationship between the client company, the employee and the umbrella company.

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The advantages of a freelance administration company

The freelance administration company also offers personalised support to its community of freelancers.

Indeed, the freelance administration company offers support on legal issues, training and professional advice. It also takes care of salary management and social and tax declarations related to the activity of the employee. Finally, the freelance administration company guarantees the relationship between the contractor and the employee and ensures that the relationship complies with the laws and regulations in force.

The different areas of support provided by the portage salarial company

1.The freelance administration company ensures the administrative management of the relationship between the employee and the client. It offers support measures linked to the exercise of the activity of the ported employee and to the realisation of his professional project.

2.The freelance administration company accompanies the employee in order to allow him to develop his services in such a way as to favour the durability of the contractual relationship. To this end, the freelance administration company facilitates access to training, skills assessment and validation of acquired experience.

3.It ensures that the elements making up the price of the service, and in particular the minimum remuneration provided for by law, the business contribution allowance, and the contribution(s) provided for, are in conformity.

4.The freelance administration company contracts the freelancer and calculates and pays the various social charges to the state bodies.

5.It ensures a conformity control of the elements transmitted by the ported employee on the basis of an activity report approved, if necessary, by the client.

6.The freelance administration company ensures the follow-up of the good progress of the service.

7.The freelance administration company provides all useful assistance in the negotiation and drafting of commercial freelance administration contracts, and in the proper observance of legal and/or contractual obligations between the freelance employee and his client, in particular through the possible use of legal assistance.

8.The freelance administration company undertakes to invoice the service as it has been negotiated between the client and the freelance employee.

9.It may refuse a commercial contract if one or more elements transmitted and/or omitted by the employee do not allow its implementation in accordance with the legal and conventional provisions or if the company considers that the mission presents a risk that it cannot insure (financial risk, risky nature of the activity...).

10.The freelance administration company sets up and manages an activity account for each employee and pays the remuneration and related charges in accordance with the legal and regulatory conditions, without waiting for the payment of its clients' invoices.

11.The freelance administration company insures the activity of the self-employed worker by taking out professional liability insurance for him.

The employee is relieved of all administrative, contractual and legal management as this is taken care of by the freelance administration company. They can concentrate solely on finding clients/missions and performing their services. They have a free mind because they benefit from social security cover equivalent to that of traditional employees and are covered by professional liability insurance taken out by the freelance administration company.

For more information, you can consult the legal texts on the website of the Fédération des entreprises de portage salarial (FEPS), herebelow: https://syndicatportagesalarial.fr/branche/convention-collective-lois

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