Regulations

Born in the 1980s to allow executives looking for work to carry out missions while waiting to find a permanent contract, wage portage has become a new form of work in its own right. Before being definitively enshrined in French law and adopted by thousands of experienced executives, wage portage was the subject of a succession of discussions, laws, agreements, ordinances, and decrees.

• Années 80: Birth of wage portage.
• 25 Juin 2008: First definition of wage portage in the Labor Code.
• 24 Juin 2010: branch agreement for the portage.
• 2 Avril 2015: Publication of the order of setting the framework for wage portage.
• 30 décembre 2015: Publication of the decree implementing the ordinance of April 2, 2015.
• 1er Juillet 2017: Entry into force of the CCN.

Law No. 2008-596 on the modernization of the labor market is an important measure in the history of wage portage. Adopted by the National Assembly and the Senate on June 25, 2008, the law officially recognizes the system and provides for the signing of a national interpersonal agreement.

In article L1251-64, created on the occasion of this law, wage portage is then defined as «a set of contractual relations organized between a porting company, a person carried and client companies comprising for the person carried the wage system and the remuneration of its service to the client by the carrier company ».

As expected, the law of June 25, 2008, was followed, two years later, by an interpersonal agreement signed by the various social partners. The result of negotiations between the employers (PRISME) and the unions representing the employees (CFTC, CGT, CFDT, CFE-CGC), this historic branch agreement was the opportunity to lay down a first legal framework for this new form of work.

The agreement of June 24, 2010, relating to wage portage notably establishes several rules with which wage portage companies, ported employees, and companies benefiting from the services must now comply. The goal is to secure a recent solution until then lacked a certain framework.

Among the various provisions introduced on the occasion of the agreement, the measure lays down the principle of a compulsory financial guarantee for the benefit of the employees and a minimum remuneration threshold for executives and non-executives wishing to benefit from the device.

we should note that some of the provisions relating to the agreement of June 24, 2010, were declared unconstitutional in April 2014, because they came under a trade union agreement. This did not, however, prevent the portage from continuing to move towards more organization and security.

The 2015 wage portage order represents a major step for the wage portage sector. The access to salary portage has been limited to any professional who can justify «expertise, qualification, and autonomy which enables him to seek his customers himself “. A larger number of people can thus have access to the device, which was then strictly reserved for executive profiles.

Otherwise:

• The minimum monthly salary required to become paid work has been reduced. It is thus set at 75% of the Social Security ceiling,  € 2,413.50 gross for full-time activity in 2016.
• The use of temporary-term contracts is relaxed. In addition, both CDI and CDD now give entitlement to unemployment insurance benefits.
• Wage portage companies must make a prior declaration of activity with the administration. This activity, carried out exclusively, must be accompanied by assistance and training for the employees involved.

The implementing decree of November 30, 2015, sets the minimum amount of the compulsory financial guarantee for wage portage companies at 8% of their payroll in order to strengthen the protection of employees in the event of employer default. It also specifies the declaration procedures to be made by each portage company to the labor inspectorate.

The involvement of the social partners, wage portage actors, and the government finally resulted in the creation of a professional branch in December 2016 and the development of a collective wage portage agreement in March 2017.

Entered into force on July 1, 2017, the collective agreement for wage portage is the result of an agreement signed unanimously between the social partners in March 2017. With this collective agreement, driven by the labor law (or El Khomri law), the wage portage sector inherits a new regulatory framework that is both more secure and more flexible.

This long-awaited document contains several key provisions including :

• Lowering the minimum wage to 70% of the social security ceiling (around € 2000 net/month equivalent to a full-time in 2017).
• Coaching salaries based on the establishment of three separate classes of worn employees (junior employees, senior employees, and employees from day package).
• An expansion device for people with a +2 or 3 years of experience.
• The establishment of a financial reserve equal to 10% of the salary of a mutual fund promoting career security.