Section 3: Portage salarial

The following is punishable by a fine of €3,750 if a freelance administration contractor: 1° Concludes a freelance administration employment contract for a service activity, in disregard of Article L. 1254-5 ; 2° Concludes a freelance administration employment contract without complying with the provisions set out in Article L. 1254-7 ; 3° Entering into a fixed-term freelance administration contract that does not include a specific term or that does not…

A fine of €3,750 shall be imposed if a company other than that referred to in article L. 1255-14 concludes a freelance administration contract without fulfilling the conditions required to carry out this activity pursuant to articles L. 1254-24 to L. 1254-27.

The following is punishable by a fine of €3,750 if a client company: 1° Employs a ported employee outside the cases provided for in Article L. 1254-3 ; 2° Disregards the prohibitions on employing a ported employee provided for in Articles L. 1254-4 and L. 1254-5 ; 3° Failing to enter into a commercial contract with the freelance administration company for the provision of freelance administration services within the period…

Disregarding, directly or through an intermediary, the ban on carrying out the activity of freelance administration ordered by the court pursuant to the last paragraph of article L. 1255-14 is punishable by six months’ imprisonment and a fine of €6,000.

In all the cases provided for in this section, the court may order, as an additional penalty, the display or dissemination of all or part of the decision, or of a press release informing the public of the reasons for and the terms of the decision, at the expense of the convicted contractor or client company, under the conditions provided for inArticle 131-35 of the Criminal Code, and its publication,…