In recent years, companies have understood that it is in their best interest to hire freelancers, especially in the fields of IT, marketing, or communication. Whether to address a temporary need, a lack of internal human resources, or simply because you are looking for specialized expertise without the administrative and legal constraints associated with hiring an employee, outsourcing tasks has become an essential solution to meet these challenges and successfully carry out projects.
What are the advantages of hiring a freelancer ? What is the recruitment process ? What legal aspects should be considered ?
An employee is required to follow the employer's directives and adhere to the company's internal regulations and policies. Therefore, they are subject to certain working conditions, while the freelancer works with a degree of flexibility and autonomy. The scope of the project is established by the company, but the independent worker is free to organize their working time as they wish, as long as they deliver the projects on time and in accordance with the terms of the contract.
Regarding equipment and software, the employer is required to provide them to the employee so that they can effectively perform their tasks. In contrast, an entrepreneur uses their own equipment and finances the software they need, unless otherwise agreed in the service contract. That said, the purchase of this equipment may qualify as professional expenses.
In the short term, hiring a freelancer may be more advantageous than hiring an employee. Although the average daily rate (ADR) of a freelancer may be high, they are not expected to stay indefinitely in a company, unlike a permanent employee.
Furthermore, the employer does not have to consider the employer's contributions related to hiring an independent contractor, recruitment costs, and paid leave indemnities. Additionally, the administrative and legal procedures are less burdensome. Not to mention sick leave and absenteeism rates, which can significantly impact a company's performance.
Ultimately, over a year, the cost of hiring a freelancer and that of hiring an employee will be relatively similar.
Historically, hiring a permanent employee was the norm in companies. With the development of new forms of work and the COVID-19 crisis, freelancing has emerged and established itself as a strategic asset for organizations.
Indeed, hiring a freelancer allows for quickly finding specialized expertise or rare skills. Companies sometimes face difficulties in hiring, and turning to a freelancer allows them to quickly meet a need when employees with specialized skills are already in place. Freelancers can often be available more quickly and may provide a fresh perspective on issues faced by their clients. Given that an independent worker typically has multiple clients, they may have a better analysis of the situation if they have encountered similar issues with another client.
In general, companies experience slow periods and others where the workload is very intense. This is often the case for those in IT or marketing agencies. In these conditions, hiring a computer consultant or a freelancer allows for addressing a temporary need. This way, the company will not be hindered in its growth strategy during peak activity periods and will not be committed in the long term.
It is even possible for client companies to benefit from the network of the service provider, which can help them find qualified candidates.
Since a freelancer is renewed only based on needs and if they provide satisfaction, unlike employees who remain in position regardless of workload. By having better control over payroll, the company can better manage its budget.
Hiring an independent worker has the advantage of keeping fixed costs reasonable, far from the burdensome formalities and rigidity of permanent employment. Freelancers and entrepreneurs do not fall under personnel costs. They are accounted for as purchases and external charges.
Outsourcing tasks will also help save on temporary staffing agency fees or communication agency costs while having someone available and operational.
To find the ideal profile, it is essential to think about your needs and the nature of the project. Through a specifications document, the company can clearly establish the objectives to be achieved and contextualize the project. Other essential information for the service provider will be included, such as the duration of the mission, its modalities, the tasks to be performed, the requirements and expected results, or the delivery date of the project or the expected deliverable. The company has every interest in being as precise as possible.
The specifications document should help you define a budget. This remuneration will be negotiated during an interview, which is why it is important to remain flexible and to plan a price range for negotiation. Of course, this budget should take into account the rates charged by providers and freelancers in the market.
There are several platforms to find talent, and some even offer tailored solutions to meet the needs of companies looking for independent workers. These tools facilitate connections and sometimes even manage collaboration by simplifying payments, for example.
From profile search to contract development, including the management of administrative tasks until the end of the contract, the umbrella company like Weepo is a pool of talent and a performance lever for your company.
These umbrella companies allow entrepreneurs who do not want to opt for micro-enterprise, sole proprietorship, or create a company such as SASU, EIRL, EURL, or SARLU, to operate their activity independently without losing the benefits associated with the status of a permanent employee.
The wage portage decision is simple : the entrepreneur chooses wage portage and secures their mission by applying, for example, to offers made available by the umbrella company. Weepo has a relatively large network of partners, including several companies in IT. Once the prospecting is successful, the umbrella company takes over. It is responsible for establishing the service contract that frames the entrepreneur's mission, the duration, and the pricing of the service.
The umbrella company will also handle invoicing and all other administrative, tax, and legal procedures. It then pays a salary to the consultant with the issuance of a pay slip, just like an employer would, but without a subordinate relationship.
Entrepreneurs who choose wage portage are executives and qualified candidates. This guarantees you collaborate with an expert who knows their field well and can carry out their missions in line with your expectations.
Moreover, the umbrella company like Weepo helps companies and independent workers connect through a platform where it publishes job offers.
To choose the ideal candidate and determine if they are suitable for the project, it is important to identify the skills necessary to carry out the tasks. To ensure this, the service provider will share their experiences, references, work they have completed, or testimonials from their clients.
Portfolios and references should be analyzed in depth to ensure their relevance to the mission. This will give you an insight into their ability to adapt to a new environment or solve problems. Additionally, a good profile will ask relevant questions about the context of the mission.
However, before hiring a freelancer, there are several legal and administrative aspects to consider. It is generally a service contract that frames the relationship between the entrepreneur and the client company. This type of contract is provided for by the article 1710 of the civil code.
Since this type of contract is not legally framed, it is important to be vigilant regarding the drafting of clauses.
It is imperative to include a non-compete clause preventing the independent worker from creating a competing business or working with your competitors.
A confidentiality clause will also be essential to protect sensitive information concerning your company.
It may also be important to add an arbitration clause that provides for arbitration rather than legal recourse in the event of a dispute.
Adding a performance clause is also essential; this can provide for variable remuneration based on the achievement of objectives. This clause sets the grounds for termination, the possibility of contract transfer, or the notice period.
Depending on its duration, whether fixed or indefinite, the contract will not have the same termination conditions. For example, it may be terminated at any time, subject to the notice period being respected.
A service contract that does not specify a duration is automatically considered an indefinite contract and can therefore be terminated at any time, taking into account the notice period.
Finally, the early termination clause is crucial in the event of non-compliance with the contractual obligations of either party.
As for wage portage, the contract is signed between the client company and the umbrella company and will be relatively similar to the one you would have signed with a freelancer. It outlines the scope of the mission and its modalities, the financial conditions, and the termination modalities.
There are several advantages for a company to hire a consultant through wage portage.
On one hand, you benefit from a secure legal framework. The collaboration is legally framed by the umbrella company, allowing you to offload all administrative aspects. On the other hand, collaborating with a wage ported employee allows for great flexibility regarding the duration and scope of the mission without the constraints associated with recruitment.
Do you have a mission to outsource ? An urgent or short-term need ? Have you considered hiring a consultant through wage portage ? Join Weepo and hire an IT expert now in a legally secure framework while offloading administrative and legal aspects.
Responsable Marketing & Communication chez Weepo, je suis passionnée par l'animation du réseau et l'accompagnement de nos consultants. J'organise des événements parisiens et accompagne nos équipes régionales pour créer des moments d'échange enrichissants dans l'écosystème du portage salarial.
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