Wage portage: what legal status?
Allowing you to benefit from the advantages of salaried status while enjoying the freedom of a self-employed worker, wage portage is attractive. However, to avoid going headlong into this form of activity, it is important to understand the legal and legal framework as well as the different pay portage regulations .
After 20 years of existence in France, wage portage continues to arouse the interest of those who wish to undertake solo. Faced with the enthusiasm for this hybrid status, a whole legal arsenal has been set up for better control of wage portage and to protect all those involved in this new form of work. Discover in this article the texts governing wage portage. Also be informed about how it works, its advantages compared to other statuses or the target audience.
How is the legal status of wage portage defined?
According to article 8 relating to the law on the modernization of the work, wage portage is defined as follows: “ Portage salary is a set of contractual relationships organized between a wage portage company, a person carried and client companies including, for the person covered, the regime of wage portage and remuneration for his portage service with the customer by the umbrella company ”.
Clearly, wage portage designates a tripartite relationship between the wage portage company, the consultant and his client. THE legal and union functioning of this tripartite relationship is determined by the Labor Code, the Syndicate of Professionals of Portage Salary Employment (the PEPS) and the collective agreement of the wage portage.
Wage portage is therefore a status in its own right with its own rules. For the consultant, being under the wage portage status amounts to being independent in one's work while benefiting from the employee status. Nevertheless, the legal obligations imposed on each intervening party remain similar to those of the general scheme.
In wage portage, the employee carried undertakes to respect the terms of the employment contract. Having the status of employer, the company wage portage is concerned by all the obligations inherent in the employer. The client company, for its part, is required to respect the security measures provided for in labor law with regard to the consultant.
What to expect by opting for the legal status of wage portage?
Wage portage is a status that will allow a worker independent to combine the advantages of employee status and the freedom to carry out their work independently. More than a privilege, this autonomy is even part of the legal obligations of the carried employee.
Choose your own customers and set the price
In wage portage, the freelancer is free, or rather obliged, to ** canvass his clients himself ** and negotiate the terms of the execution of its missions. It is also up to him to set the price of service delivery with its customers. Nevertheless, the employee carried is required to produce an activity report with the wage portage company. This will calculate the costs professionals, the number of days off and the salary of the consultant.
Sign an employment contract with the umbrella company
Who says salary says employment contract. The wage portage therefore gives take place when the consultant is hired, which results in the signature of a CDI or CDD. In addition to providing a legal framework in which the employment relationship will be able to evolve, this employment contract is essential to register with Pôle Emploi. In case of cessation of activity, the consultant will then be able to claim his unemployment benefits, whether either at the end of a fixed-term contract or in the event of termination of a contract CDI.
Earning a salary and paying taxes
The umbrella company is responsible for invoicing the mission to the company client and to convert the fees into salaries. At the end of the month, the consultant receives a salary calculated according to the number of days worked. As regards the amount of remuneration, the salary of an employee carried corresponds to approximately 50% of its turnover business. But rest assured, the remaining 50% represent employer and employee charges, as well as management costs. THE employee thus benefits from full coverage (retirement, unemployment, sick leave, training, etc.).
Take advantage of administrative simplicity
By offering sala assimilated status laughed at the consultant, the company of wage portage puts the latter under the same tax and social regime than a traditional employee. It is therefore up to the wage portage company draw up legal documents and manage all constraints administrative. The wage portage company is also responsible for calculate, declare and pay the various contributions to the accredited bodies.
Who is the status of wage portage employee for?
If the wage portage covers many trades, the professions regulated are excluded. In addition, carrier companies salary generally only accept freelancers who do not require to benefit from good social security coverage while receiving a salary. See who else the portage status can enjoy in the following lines.
Those looking for simplicity
Wage portage is aimed at freelancers wishing to exercise their activity without worrying about administrative constraints. Like evoked previously, in wage portage, all the administrative procedures are provided by the portage company. The only obligation of freelance in wage portage is to declare his payslips in order to calculate their income tax.
The self-employed and recent graduates
This status is mainly intended for people wishing to benefit from the security of employee status while preserving their independence. This is particularly the case for homeworkers wishing to reconcile work and family life or young graduates at looking for a first experience. In fact, wage portage allows you to benefit from personalized support at the start of your their activity.
Seniors and retirees who want to stay active
Wage portage is also ideal for seniors and retirees wishing to continue their career. The transition to retirement being often seen as a drop in income, wage portage makes it possible to ** receive a salary by carrying out missions ** while receiving and by improving his retirement pension.
Entrepreneurs wishing to test their market
There are also many business creators who opt for the wage portage to test their project before switching to a other status. In addition to not having to worry about the procedures administrative, they can get started without any risk since they do not use their personal funds. Having network access developed by the umbrella company, business creators can build up a client portfolio allowing them to start their activity in complete serenity.
Wage portage or micro-enterprise: which legal status is the most interesting?
The status of wage portage is often compared to that of microbusiness. If these two statuses offer the possibility to a entrepreneur to become independent, they each have their own advantages and disadvantages. We will detail them so that you you can choose between these two legal statuses.
The micro-enterprise to create your business with ease
The status of micro-entrepreneur is ideal for those looking for a solution to create a business with ease. In Indeed, this legal status makes it possible to benefit from a regime simplified while reducing the formalities related to the creation business and administrative management. Taxation is simple since the charges are simply calculated according to the turnover.
The micro-enterprise does not present any particular risks either. since it requires little investment. She remains interesting insofar as the micro-entrepreneur does not exceed the ceilings of turnover defined for the micro-enterprise. Besides, in in the event of project failure, the status of micro-entrepreneur also allows ease of termination of activity.
In addition, the auto-entrepreneur status allows you to have your own company and therefore to be truly independent only in wage portage. On the other hand, social cover is very limited unlike that of wage portage. While retirement and health insurance are restricted, unemployment is simply non-existent.
Wage portage for autonomy and security
The first strong point of this legal status is certainly the social protection it offers. Indeed, the carrier company salary is subject to social security contributions of its employees carried. Thus, like an average employee, a consultant in wage portage is entitled to unemployment benefits, retirement, health insurance or paid holidays.
Unlike the micro-entrepreneur, the freelancer in wage portage is covered by professional indemnity insurance. This means that there is almost **no risk taking **. By Elsewhere, the portage freelancer benefits from support on measure in the development of its activity.
And if the micro-enterprise allows you to create your own business, the wage portage offers project leaders the opportunity to test their ability to undertake without creating a real business**. Here too, the lifter does not have to worry about management administration. The lift can therefore focus exclusively on the development of its business.
What is the ideal legal status for a business creator?
The status of auto-entrepreneur and the status of salaried employee allow both to business creators to test a solo activity before actually developing it. Nevertheless, those who intend to exceed the turnover ceiling of the sole proprietorship regime or those who wish to benefit from social protection should choose to carry.
Ideal for testing the viability of a project through small missions, wage portage remains a short-term solution. For the long term or for a major project, it is wiser to opt for for self-employed status. This status is perfect for project leaders who wish to carry out ambitious projects, have their own image and make themselves known. Here, the auto-entrepreneur is a true entrepreneur.
What are the other legal statuses for becoming self-employed?
For those looking for other alternatives to wage portage or micro-enterprise, other solutions offering a certain autonomy exist, namely: the EURL, the sole proprietorship or even the interim.
Allowing total control of its activity, the Company Unipersonnelle à Liability Limitée (EURL) offers the manager a great autonomy. Unlike wage portage where the consultant is required to produce an activity report every month, the manager of the EURL is not accountable to anyone. The leader of the EURL also benefits from a higher remuneration than that perceived by the carried employee.
As in wage portage, the EURL must also pay contributions social and fiscal. If these are lower than in carrying salary, the coverage is less good. If you are looking for a better social coverage, wage portage is the right choice. Moreover, know that it is quite possible to simply pass EURL status with wage portage.
Sole proprietorship (EI) and temporary work
Also called a sole proprietorship, a sole proprietorship is headed by one person. Unlike the EURL which is a company in its own right, it has no legal personality. This status is ideal for small structures and contractors whose annual turnover is low. If the turnover is more importantly, it makes more sense to opt for wage portage.
Acting status, on the other hand, is not really considered a independent status although the activity requires a certain autonomy. Furthermore, this status, which essentially concerns the manual and technical activities is known for its instability. There Remuneration depends on the temporary agency.
To learn more about the regulations:
What financial guarantee in carrying salary?
Which collective agreement in portage salary?
Wage Portage and Paid Leave: All know
Sick leave and wage portage: what are your rights?