Do you want to be an entrepreneur? But you're afraid of the lack of insurance and protection that such a status implies? Consider an alternative solution: freelance administration!
As indicated in the name itself, "portage salarial" refers to a hybrid between salaried employment and entrepreneurship.
Indeed, through a "société de portage", a true intermediary between the customer and the "ported" person, it is possible to obtain the advantages of salaried employment as well as the flexibility characteristic of companies.
From a legal point of view, article L.1251-64 describes "portage salarial" as"a set of contractual relations organized between a "portage" company, a "portée" person and client companies, involving, for the "portée" person, the system of salaried employment and remuneration by the "portage" company for his or her services on the client's behalf".
It guarantees the rights of the employee to his or her customer base.
A few details about this particular model are in order!
Portage salarial" refers directly to a tripartite contractual relationship involving three players: the "client", the "porté" and the "société de portage".
The first contact is established between the contractor and the customer, so that the former can carry out an assignment for the latter.
Finally, this first stage works in the same way as for a freelancer: the contractor must negotiate his or her rate, as well as all the characteristics required to carry out the service (duration of the assignment, details of the deliverable...).
It's then up to the "société de portage" to step in. The company then takes care of the administrative side of drawing up the contract, noting the agreements made in advance by the client and the contractor, as well as other administrative formalities relating to URSSAF, DPAE, pension funds, insurance and Pôle Emploi.
To be valid, the contract must be signed by three parties. Finally, when the final invoice for the service is issued, the umbrella company includes its costs, which are then deducted directly from the employee's remuneration.
Finally, at the end of the assignment, the "société de portage" terminates the contract in the same way as an employee, providing the employee with a "solde de tout compte" and a "attestation Pôle Emploi".
The hybrid form of this type of status has a number of advantages.
First of all, the status of "portage salarial" means that you don 't have to set up your own company.
This status also allows you to avoid committing your personal assets and equity.
Secondly, it can represent an opportunity to "test the market" and to measure one's capacity to adapt to an independent status: it is therefore a potential transitional status towards business creation.
What's more, it gives you access to the benefits of employee status: paid vacations, social security cover, unemployment insurance, pension contributions and the precariousness bonus.
Administrative management, which can become a real burden when launching an entrepreneurial adventure, is entirely taken care of by the "portage" company.
Last but not least, the flexibility of working from home is a real bonus.
The existence of these many advantages should not, however, blind us to the fact that there are still a number of disadvantages.
First and foremost, the portage company deducts a management fee of up to 15% of sales.
In addition, there are the fees invoiced by the latter to the client company, as well as the usual employer and employee contributions.
What's more, the flexibility offered by this status is not total.
Unlike freelancers, a "portage salarial" company has a real say in invoicing and the progress of assignments.
Finally, like freelance work, freelance administration requires a real ability to work independently, which is not for everyone.
In conclusion, freelance administration seems to be best suited to people with a specific profile and a strong ability to adapt. That's why only a limited number of French people ( 130,000) are currently using this status. Are you one of them?
Written by our expert Quentin MOYON
March 1, 2018
