Wage Portage Dismissal | Everything You Need to Know

What are the rules for dismissal in wage portage?

Need to know more about wage portage dismissal? The dismissal rules by an umbrella company are governed by the collective agreement of wage portage dated March 22, 2017. It specifies the rights and obligations of the parties as well as the conditions under which a dismissal can occur. Thus, this article provides you with everything you need to remember on the subject. Procedure, dismissal compensation, rights of the wage ported employee, and tips to limit the impact of dismissal, you will finally know how to manage your end of contract with your umbrella company.

Dismissal for absence of mission

In wage portage, the wage ported employee is responsible for finding their own missions. According to the collective agreement of wage portage, if the wage ported employee has no mission for more than a month, the dismissal can be pronounced by the umbrella company. Indeed, the Labor Code states that a prolonged inactivity constitutes a real and serious cause for dismissal.

In the case of dismissal for absence of mission, the wage ported employee has the right to legal dismissal compensation and unemployment benefits if they are eligible.

💡Good to know: before considering a dismissal for lack of missions, the umbrella company must set the objectives to be achieved with the wage ported employee.

Dismissal for fault

As with classic employment, dismissal for fault can occur in the case of serious misconduct by the wage ported employee towards the umbrella company or its clients. There are 3 types of faults:

1. Simple fault: this is a moderate breach that does not justify an immediate termination of the contract. The umbrella company must respect a notice period of two months before dismissing the employee.
2. Serious fault: this corresponds to a more serious breach such as repeated negligence or inappropriate behavior. It makes it impossible for the employee to remain in the company and results in dismissal without notice.
3. Gross fault: this concerns the most serious cases such as fraud or intentional misconduct and results in a loss of rights to compensation.

Economic dismissal

Economic dismissal generally occurs due to economic difficulties faced by the umbrella company or due to reorganization of its activities. The dismissal procedure is identical to that for absence of missions. The wage ported employee is entitled to specific compensation in addition to the standard dismissal compensation. They can benefit from the support of their umbrella company to facilitate their transition.

💡Good to know: choose the Weepo umbrella company for personalized support at every stage of your career.

The dismissal procedure

Regardless of the nature of the fault, the umbrella company must follow a dismissal procedure in 4 mandatory steps:

1. Summoning the employee to a preliminary interview: this takes the form of a notification by registered letter with acknowledgment of receipt indicating the subject of the summons and the reasons for the contemplated dismissal.
2. Reflection period: the umbrella company must respect a period of 5 working days before notifying the dismissal decision.
3. Notification of dismissal: this must be formalized by a registered letter with acknowledgment of receipt specifying the conditions of the termination.
4. Respect for a notice period: the duration of the notice period varies according to the seniority of the wage ported employee (less than 6 months if 1 month of seniority and 2 months if more than 6 months).

In addition to the dismissal procedure, the wage portage company must prepare the end of contract file for the wage ported employee like a traditional employer. They must provide the employee with their work certificate which certifies the duration of the mission, their Pôle Emploi certificate, and the final account statement which summarizes the amounts paid to the wage ported employee at the end of their contract.

Additionally, discover our guide on the end of mission in wage portage.

The rights of dismissed wage ported employees

The wage ported employee has specific rights in the event of dismissal, regardless of the reason for dismissal:

Right	Details
Dismissal compensation	Calculated based on the employee's seniority and remuneration. The calculation is as follows: 1/4 of a month's salary per year of seniority up to 10 years, then 1/3 of a month's salary per year thereafter. The employee loses this right in the case of serious or gross fault.
Unemployment benefits	The wage ported employee can receive unemployment benefits if they meet the eligibility conditions set by Pôle Emploi (e.g., sufficient affiliation duration, registration as a job seeker, active job search, etc.).
Paid leave	All accrued but unused paid leave at the end of the contract must be compensated in the form of a compensatory paid leave indemnity.
Recourse options	The wage ported employee can contest their dismissal by bringing the case to the labor court. They can also seek assistance from a legal advisor or a lawyer specialized in labor law to assert their rights and defend their interests.

Bonus: Anticipating the risks related to dismissal

To limit the risks related to dismissal in wage portage, keep in mind the following tips.

Become familiar with the collective agreement of wage portage to know your rights and the procedure to follow in case of dismissal. Staying informed allows you to better prepare for the next steps in your career and anticipate risks.

Consider necessary measures to secure your activity by diversifying your income, strengthening your professional network, and training in new skills. This limits the impacts of dismissal.

Keep all your documents related to your seniority and remuneration. They are determining elements for the amount of your compensation in case of dismissal.

Maintain proactive communication with your wage portage company. Regularly exchange with your dedicated advisor to anticipate difficulties and assess your situation.

💡Good to know: take advantage of the triple T wage portage model offered by Weepo and benefit from a responsive and attentive client team.

The essentials of the article summarized in 6 points

You now know the principles of wage portage dismissal. Here’s a quick recap:

1. Dismissal for absence of missions for more than a month can be pronounced by the wage portage company.
2. The dismissal of the wage ported employee can be pronounced by the umbrella company in the case of simple, serious, or gross fault of the wage ported employee.
3. Economic dismissal can occur in the event of economic difficulties faced by the umbrella company and entitles the employee to specific compensation.
4. The dismissal procedure must be carried out in 4 steps: summoning the employee for an interview, the reflection period, notification of dismissal, and respecting a notice period.
5. The wage ported employee is entitled to dismissal compensation, unemployment benefits, paid leave, and retains the possibility to contest the decision.
6. To anticipate the risks related to dismissal, inform yourself about the collective agreement of wage portage, frequently exchange with your umbrella company, and keep your seniority documents.

To complete your reading, check out our guide to know how to calculate your end of contract indemnity for CDD.