Financial guarantee in wage portage: all about the subject
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Financial security is one of the topics and an important portage-payment regulations to be aware of. Indeed, what becomes of a freelance consultant if ever the umbrella company is unable to pay him? Know then that the activity of a consultant in wage portage is framed by devices guaranteeing the collection of his monthly remuneration, whatever the situation. This is particularly the case of the financial guarantee.
Unlike freelancers who work on their own, a consultant in wage portage cannot find themselves cut off from their source of income in the event of non-payment. This is possible thanks to the financial guarantee, a device which ensures that the salaried employee receives his monthly salary, whatever happens. How does this financial guarantee work? How is it calculated? What are the other protective devices in wage portage? Discover the answers to all these questions in the following lines.
The financial guarantee: major protection for the employee carried
In addition to the social benefits enjoyed by a consultant in wage portage (paid holidays, retirement, unemployment insurance, etc.), the financial guarantee constitutes a major protection. This is a system aimed at covering employees carried when the companies of wage portage are unable to meet their obligations financial.
The financial guarantee therefore makes it possible to cover problems related to the payment of the salaries of wage portage consultants. So, thanks to the financial guarantee in wage portage, the fear of possible unpaid is non-existent. It also allows the umbrella company salary to pay allowances and social security contributions. In In addition, the financial guarantee in wage portage will be used to cover minimum:
- salaries and various professional expenses;
- any compensation;
- mandatory contributions;
- reimbursements from social security bodies and social institutions.
Self-employed workers in wage portage can therefore count on net earnings every month, no matter how hard can meet the wage portage company. With this guarantee financial, supported employees can **work in the way most more serene **. But who is this device for?
A legal obligation for wage portage companies
In accordance with article L1254-26 of the Labor Code, the companies of wage portage are required to have a certificate of financial guarantee. This supporting document accompanied by a declaration is to present to the labor inspectorate. The latter then has 15 days to issue a visa to the wage portage company. This document is essential for the exercise of the carrying activity.
To obtain the financial guarantee certificate, the company wage portage is required to contract a portage deposit salary. This can be done with a mutual guarantee company, a collective guarantee organisation, an insurer or an authorized bank to give bail. Once the subscription has been made, it will be at the surety organization to pay wages and social charges employees carried in the event of failure of the carrying company salary.
To sum up, the deposit allows the wage portage company to meet its commitments when it fails. In case of failure of the wage portage company, this deposit will be used to :
- guarantee the salary rights of the employee carried;
- pay the mandatory social security contributions of employees carried;
- pay the indemnities for the last quarter;
- reimburse social security organisations.
The amount of the financial guarantee in wage portage
The minimum amount of the financial guarantee in wage portage is strictly framed. It is calculated as a percentage of payroll annual of the carrying company. Thus, the financial guarantee for 2023 corresponds at least to 10% of the payroll for the year previous, i.e. 2022.
It should be noted that the amount of the financial guarantee cannot no longer be less than 2 times the value of the annual ceiling of the Social Security. Fixed by decree, the amount of the financial guarantee in wage portage may be subject to an annual reassessment. The rates and thresholds are therefore likely to change over time.
Before 2017, for example, the financial guarantee era should not be less than 8% of payroll. The amount then rose to 9 % with a threshold that must not be less than 1.8 times the ceiling fixed by Social Security before reaching the current amount.
Other wage portage protection mechanisms
In addition to the financial guarantee in wage portage, the consultant worn also benefits from other protection mechanisms, namely: RC pro insurance and AGS. As part of the financial guarantee in wage portage, these mechanisms aim to:
- supervising the independent activity of the consultant,
- protect the employee against the hazards,
- allow you to carry out your activity with complete peace of mind.
RC pro insurance: another obligation of the wage portage company
It should be remembered that the carried consultant acts as an employee of the carrier company. Since the latter hosts the mission of the supported employee, it is up to them to bear the risks professionals of the wage portage consultant. This is done by the taking out professional liability insurance (RC pro) on behalf of the carried employee.
As stipulated in article 8 of the branch agreement of June 24, 2010, taking out such insurance is a legal obligation for any payroll company. Subscription to this coverage has for the purpose of covering the consultant in the event of any damages during the execution of its missions. Used to compensate companies customers, RC pro insurance covers both material damage that the immaterial damage caused within the framework of the activities of the employee carried.
In addition, liability insurance is a legal obligation. which serves to secure the exercise of the independent activity of wage portage consultants. Thus, in addition to the guarantee financial, a wage portage company is also in the obligation to take out civil liability insurance professional.
Association for the management of the wage guarantee scheme
Like any employee, the wage portage consultant can quite appeal to the AGS (association for the management of the Guarantee scheme salaries). This organization offers worn employees the possibility of to receive all of their salaries in the event that the company portage is the subject of a collective procedure. It can be a safeguard plan, liquidation or receivership.
Managed by the Unedic AGS Delegation, this compensation is financed by AGS contributions. As part of the employer's contributions, the AGS contributions are included in the various contributions deducted by the carrying company after deduction of the costs on the figure of business carried out by the consultant carried.
Thus, in addition to receiving their usual salary as a priority, the employees carried can also collect their indemnities compensation, namely paid holidays and bonuses. Besides, offering the worn employee additional protection, the AGS that we also called FNGS (National Wage Guarantee Fund) can complete the financial guarantee if necessary.
To conclude
Privileging the autonomy of the consultant while allowing him to benefit from the employee status, wage portage offers the possibility of offering its services to the companies of its choice by benefiting from excellent social protection. Resulting in the by the perception a guaranteed monthly salary, this protection is strictly regulated in legal terms. The wage portage consultant can thus indulge in their professional activity with complete peace of mind.
To learn more about the regulations:
Legal status of wage portage: what framework legal?
Which collective agreement in portage salary?
Wage Portage and Paid Leave: All know
