End of mission in wage portage: process, steps, and rights of ported consultants
Given its advantages and unique features, wage portage is increasingly attracting freelancers who seek flexibility and freedom in choosing and carrying out their missions while retaining the benefits associated with employee status. Straddling the line between employee and entrepreneur, wage portage is a tripartite relationship involving a ported consultant, an umbrella company, and a client company. More concretely, the ported employee signs a contract (fixed-term or permanent) with the umbrella company, which then handles billing the client. But how does the end of a mission in wage portage actually work? What are the steps and procedures to follow? What rights do ported consultants have (unemployment benefits, end-of-contract bonus, etc.)? In our article, you'll find everything you need to know to manage the end of missions with confidence.
The specifics of the status
Focus on the different types of contracts
Like any relationship, wage portage is governed by a contract. This contract outlines the rights and obligations of each party (the umbrella company and the ported consultant), whether they are administrative or legal. It is this fixed-term or permanent contract that allows freelancers to benefit from the social protection typically granted to salaried workers. This social protection includes the payment of a salary, the issuance of pay slips, paid leave, health insurance, unemployment benefits, retirement, and more.
In case of disagreement, this contract may be terminated early. The legal regulations governing the termination of contracts in wage portage follow the same rules as those for traditional employment contracts.
Focus on the mission of the ported consultant
The mission of the ported consultant is also governed by a contract. This contract, concluded between the umbrella company and the client, is called a mission contract or service contract. It outlines the terms of collaboration, the framework of the mission, the service dates, the negotiated remuneration, confidentiality clauses, conditions for ending the mission, and the resources provided by the client to enable the ported consultant to carry out their mission. This contract can also be terminated if there is a disagreement between the parties.
Why and when to end a mission in wage portage?
The most common reasons
There are several reasons that can lead to the end of a mission. The most common is the arrival of the mission's term. Sometimes a mission may end before its scheduled completion. This can happen if, for example, the client company no longer has the financial resources to complete the mission and is forced to adjust its budget.
It can also occur that, in some cases, one of the parties fails to meet their obligations. A client who does not make the payments stipulated in the contract, or a ported consultant who does not meet the deadlines or delivers work of insufficient quality, are all valid reasons that could justify the early termination of a mission.
What is the ideal moment?
A work contract signed between an umbrella company and a ported consultant and a mission contract do not have the same termination modalities. The work contract can cover different missions for a fixed or indefinite duration. In contrast, the mission contract ends when the mission is completed.
Fixed-term contracts can be renewed twice, up to a maximum of 18 months. It is important to note that early terminations often require a notice period, which is specified in the clauses of the contract.
It is also crucial to understand that the end of a mission does not terminate the employment contract signed with the umbrella company. The consultant continues to be ported and benefits from social protection even between two missions.
The ported consultant is then free to look for a new mission or to terminate the employment contract and stop the wage portage.
What are the rights of ported consultants?
The rights of ported employees depend on several factors, including the type of work contract (fixed-term or permanent) signed with the umbrella company and the ported consultant's desire to continue their activity in wage portage.
Many ported consultants take advantage of their time to take vacation days, pursue training, start a prospecting campaign, or even begin a new professional activity.
During this period, and according to the provisions of the collective agreement, the ported consultant may receive their financial reserve even if their revenue is zero. This reserve amount corresponds to 10% of the net salary paid during their previous mission. This remuneration was set aside by the umbrella company in an activity account for the periods of downtime between two missions.
To estimate the amount of the reserve, you can use the Weepo wage portage simulation tool.
End of mission in wage portage: the essential documents to claim the rights of ported employees
For contracts that are coming to an end, the umbrella company is required to provide the ported employee with the mandatory documents, in accordance with the Labor Code:
- The final account statement;
- The work certificate;
- The Pôle Emploi certificate.
These documents are identical to those that companies provide to their employees at the end of a standard contract and are essential for activating the social protection of the ported employee and claiming unemployment benefits. Late delivery exposes the umbrella company to fines and legal action.
Unemployment benefits
The possibility of receiving unemployment benefits at the end of a mission depends on the nature of the contract. If the ported consultant has signed a permanent contract with the umbrella company and the mission ends, they will not be able to claim unemployment benefits because the contract continues.
For the ported employee to be eligible for unemployment benefits, it will be necessary to terminate the employment contract with the umbrella company. However, a resignation will not entitle them to unemployment benefits, except in cases provided for by France Travail. Therefore, the ported employee must obtain a mutual termination, which is an agreement between them and the umbrella company.
In wage portage, the mutual termination requires a mandatory notice period of one month: 15 calendar days starting from the date of signing the agreement and an additional 15 days for its approval by the administrative authorities.
Another condition is also essential for the ported employee to be eligible for unemployment benefits: they must have worked a minimum of 130 days or 910 hours.
It is also worth noting that in wage portage, termination for simple, serious, or gross misconduct with a maximum notice period of two months is possible. In the case of simple misconduct, the consultant may be eligible for unemployment benefits.
Everything you need to know about the bonus
Also known as the precariousness bonus, the end-of-mission bonus is granted to ported employees who have signed a fixed-term contract with their umbrella company. Ported consultants on a permanent contract cannot benefit from it. The amount of the bonus depends on the total gross remuneration received by the ported consultant over the duration of the contract, including paid leave and other allowances, excluding the compensatory allowance. The amount of the end-of-mission bonus corresponds to 10% of the remuneration and will be paid along with the final account statement. However, before that, the ported consultant must remember to send the client company the final mission report.
Good to know:
If the fixed-term contract is converted into a permanent contract, the ported consultant will not be able to receive the end-of-mission bonus. Additionally, if two fixed-term contracts are followed by a permanent contract, the ported consultant will only be able to receive the bonus on the first fixed-term contract.
Are you a freelancer or looking to start a new activity as an independent while benefiting from a safety net and good social protection? Join the ported consultants at Weepo. Weepo is an umbrella company throughout France (from La Rochelle to Grenoble) that takes care of all administrative, social, legal, and accounting procedures so that you can focus on just one thing: your mission! And to ensure that your end of mission goes smoothly, Weepo helps you find your next mission.
Do you have any other questions?
A permanent contract in wage portage offers job stability while maintaining the flexibility of wage portage.
Wage portage or auto-entrepreneurship Wage portage is suitable if you are looking for the security of employment, while auto-entrepreneurship offers fiscal independence.
Wage portage or freelance status Wage portage ensures social protection, unlike freelance status.
What are the advantages between wage portage and a SASU? Wage portage minimizes administrative procedures compared to creating a SASU.
Start you wage portage adventure in 2H with WEEPO!
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