The tripartite collaboration between an employee, a client company, and an umbrella company is characteristic of a wage portage operation. It is governed by three separate contracts: the membership agreement, the service contract, and the employment contract. Let’s take stock of these three different documents, essential to successfully complete a mission.
Wage portage contract: Definition
Wage portage is a risk-free solution for a business creation project.
The principle is simple:
- An independent professional offers his expertise to client companies and negotiates with them the terms of his intervention.
- When the assignment is validated, the Umbrella company signs a service contract with the client.
- Note that before signing the service contract, the consultant must have signed a membership agreement with the umbrella company if he wants to be in wage portage.
- Once the service contract is done, the employment contract of the employee is published.
- The umbrella company pays the paid employee the fees collected for the service provided to the customer. This remuneration is a net salary, after deduction of social charges, wages, employers and management fees.
1. Membership agreement: Join the umbrella company.
When the consultant contracts with a portage company, he signs a membership agreement.
This contract defines the terms of the collaboration and the obligations of the two parties, such as the employee and the umbrella company. You do not need to have “to be on a mission” to sign this document.
The membership agreement refers to:
- The duration of the reciprocal commitment of the parties.
- The management fees applied.
- Coverage by Professional Civil Liability insurance.
- The collective agreement of wage Portage.
- Pension funds.
- Operating procedures, such as payment of salary.
2. Service contract: Securing the client-employee relationship
The commercial relationship between the employee and his client is formalized by a service contract.
Important clarification: unlike a classic self-employed status, the service contract is not signed between the consultant and the client company, but between the umbrella company and the client since the consultant is an employee of the umbrella company.
This contract specifies important points :
- The description of the missions.
- The means to perform the services.
- The cost.
- The duration (the number of days planned).
- The conditions and method of payment (a request for a deposit, for example).
- The specific conditions defined, such as mission expenses or a confidentiality clause.
This contract can be published on a header of the porting company or personalized with the consultant’s logo.
3. Employment contract: Become Exclusive Business Solutions employee
The employment contract is concluded between Exclusive Business Solutions and contractor employees for a permanent or temporary period.
It includes the clauses and mentions that characterize the relationship between the contractor « employee » and his employer, the umbrella company.
The title of this contract must be very precise, it is a «temporary contract(CDD) or permanent contract(CDI). »
4. Contract example of the portage of Exclusive Business Solution
The wage portage contract, which must be distinguished from the contract for the provision of services, incorporates a number of elements, the nature of which may vary from one project to another. Here is the typical structure of a fixed-term wage portage contract established between Exclusive Business Solutions and a ported employee.
- Article 1– Commitment of the contractor employee and the nature of the
- Article 2– Duration of the contract and period of notice. Remember that in wage portage, there are two types of contracts: CDD and CDI.
- Article 3– Skills and type of activity carried out by the consultant or the trainer. Missions must necessarily be within this area of expertise.
- Article 4– Details of the basis for calculating the working time performed by the employee as part of his portering assignments.
- Article 5–A reminder of the links of subordination between the contractor employee and the wage portage company. Although autonomous, the contractor employee must provide a monthly activity report allowing his employer to know the progress of his missions and the state of his prospecting.
- Article 6– Details of the rights and duties of Exclusive Business Solutions with regard to the consultant.
- Article 7– Description of the method of calculating the monthly remuneration received by the consultant, as well as his business contribution allowance.
- Article 8– Professional expenses and more specifically payment of shifting expenses.
- Article 9– Reminder of the principle of copyright and the possibility for the consultant to assign these rights to his clients.
- Article 10– Listing of the contact details of the organizations relating to employee social protection: company mutual insurance, provident fund, supplementary pension.
- Article 11– Clarification of the consultant’s margin of freedom within the framework of his contract and the intellectual property of his clients.
- Article 12– Duties of the consultant towards his employer in the event of the absence or impossibility of carrying out his mission.