Section 5: The "portage salarial" company

The freelance administration company carries out the activity of freelance administration on an exclusive basis. Only a freelance administration company may enter into freelance administration employment contracts.

The freelance administration company sets up and manages an activity account for each supported employee. The ported employee is informed once a month of the items charged to this account, and in particular: 1° Of any payments made by the client company to the portage company in respect of the performance of its service; 2° Of details of management fees; 3° Of professional expenses; 4° Of social security and tax…

I.-The freelance administration company provides evidence, at all times, of a financial guarantee ensuring, in the event of default on its part, payment of: 1° Salaries and related benefits; 2° Indemnities resulting from this chapter; 3° Compulsory contributions due to social security bodies or social institutions; 4° Reimbursements which may, where applicable, be payable by employers to social security bodies and social institutions under the conditions set out in Article…

The activity of freelance administration contractor may only be exercised after a declaration has been made to the administrative authority and a financial guarantee has been obtained. A Conseil d’Etat decree shall determine the content and procedures for the declaration provided for in this article.

Obligations relating to occupational medicine are the responsibility of the freelance administration company.

In order to calculate the workforce of a freelance administration company, the following are taken into account: 1° The company’s permanent employees, determined in accordance with Article L. 1111-2; 2° Ported employees who have provided portage services under employment contracts concluded with this company for a period of at least three months during the last calendar year.

For the application to employees on a freelance basis of the legal provisions which refer to a condition of seniority in the freelance administration company, seniority is assessed by adding together the periods during which these employees have carried out freelance administration services under employment contracts concluded with this company.

For the application of the provisions set out in 1° of Article L. 6322-63, the minimum period of presence in the freelance administration company of freelance administration employees is assessed by adding together the periods during which these employees have provided freelance administration services under employment contracts concluded with this company.