What is the maximum duration of wage portage?

Is there a duration limit for wage portage? What does the law say?

Wage portage is a status that offers many advantages, but it is also subject to strict regulations. Indeed, Article L254-4 of the Labor Code sets a maximum duration of 36 months for wage portage missions.

This rule aims to ensure a balance between the flexibility of portage and the protection of the wage ported employee. Beyond this period, the mission must be interrupted or renegotiated, allowing for a reassessment of the collaboration conditions.

Labor law expressly prohibits that the portage service performed at the client’s site aims to:

• Replace an employee on strike;
• Execute work classified as dangerous, such as those listed in Article L. 4154-1, unless specific exemptions apply.

Wage ported employee: can one remain in wage portage indefinitely?

Working in wage portage offers great flexibility to independent professionals. Indeed, the service provider can benefit from a permanent employment contract (CDI) or a fixed-term contract (CDD).

The maximum duration of a mission in wage portage thus depends on the type of service contract:

• CDI: the total duration of missions performed for the same client cannot exceed 3 years (36 months), knowing that the wage ported employee can work in one or several client companies.
• CDD: the rules applicable to fixed-term employment contracts limit their total duration to 1.5 years (18 months), in accordance with the sector's collective agreement.

Be careful if you sign a fixed-term contract with an uncertain end: ensure that the contract specifies the minimum duration of the service and indicates the event that will mark its end.

Client company: what is the maximum duration of a commercial contract?

The duration of a service contract between a client company and an umbrella company is set by the parties, with a maximum of 3 years. However, if the end of the mission is uncertain, a minimum duration must be specified in the contract clause. This precaution guarantees a certain legal security for both parties.

Good news: even if the client ends their collaboration with the umbrella company, your employment contract remains valid. Thus, you retain your position within the umbrella company.

Exceptions to the maximum duration

There are particular cases where the maximum duration set by law does not apply in wage portage.

• Activities of a different nature: if you perform tasks of a different nature for the same client (for example, web writer then project manager), the total duration of these missions will not be limited.
• Missions for multiple clients: wage portage allows you to work for multiple clients simultaneously, without the total duration of your interventions being subject to a ceiling.

And after wage portage?

At the end of your wage portage contract, several options are available to you:

• Continue in portage: you can continue to benefit from the advantages of wage portage by undertaking new missions for other clients.
• Start your own business: if you want more autonomy, you can create your own business and bill your services directly.
• Become an employee: if the collaboration with the final client has proven fruitful, the latter may offer you an employment contract.

Independent worker: what status to choose after portage?

At the end of your wage portage contract, you have the option to choose from several legal statuses to create your own business:

• Sole proprietorship (EI): this is the simplest form, but with unlimited personal liability.
• Single-member limited liability company (EURL): this status limits your liability as an entrepreneur to the amount invested in the business.
• Simplified single-member joint-stock company (SASU): this legal form offers you great autonomy and is distinguished by its flexibility and simplified management.

Good to know: the first two statuses may benefit from the micro-enterprise regime under certain specific conditions.

End of CDD: support measures

The termination of the contract in wage portage is not an end in itself. On the contrary, it is an opportunity to take advantage of new opportunities. Indeed, in the event of cessation of activity, you can benefit from support measures put in place by Pôle emploi. If you meet the required conditions, you may be entitled to financial aid and support to facilitate your professional integration, whether in wage portage or in another field.

And that's not all. If you were previously affiliated with unemployment insurance, you may be entitled to benefits based on your duration of affiliation and your previous remuneration.

Your permanent contract ends: what subsidies?

You may have questions about what happens in the event of a conventional termination? Don't panic! Know that you may be entitled to unemployment benefit (ARE), provided you meet the eligibility conditions set by Pôle emploi. This system, established to secure the professional path of employees, offers you a safety net during your professional transition.

At the end of your mission, the umbrella company will provide you with a complete file including your:

• Work certificate;
• Final settlement;
• Pôle emploi certificate.