Article L1254-6 of the French Labour Code
November 8, 2023
The provisions of Titles III and IV of Book II of Part Eight are not applicable to freelance administration carried out under the conditions defined in this chapter.
The provisions of Titles III and IV of Book II of Part Eight are not applicable to freelance administration carried out under the conditions defined in this chapter.
The employment contract is concluded between the freelance administration company and the freelance employee for a fixed or indefinite period.
The mere termination of the commercial contract for the provision of freelance administration services does not result in the termination of the employee’s employment contract. The freelance administration company is liable for the remuneration due to the freelance employee corresponding to the service provided under the conditions set out in articles L. 1254-15 and L. 1254-21.
The amount of the business contribution allowance referred to in articles L. 1254-15, L. 1254-21 and L. 1254-25 is defined by an extended branch agreement. In the absence of an extended branch agreement, it is set at 5% of the remuneration due to the ported employee.
A fixed-term employment contract is concluded between the freelance administration company and the freelance employee to provide a service to a client company.
The term of an employment contract is fixed precisely when it is entered into. However, it may not include a precise term if the term of the object for which it was concluded is not known. It is then concluded for a minimum term. Its term ends when the purpose for which it was concluded has been fulfilled.
The total duration of the fixed-term contract may not exceed eighteen months, taking into account any renewals under the conditions set out in Article L. 1254-17.
Notwithstanding article L. 1254-12, to enable the temporary employee to prospect for new clients, the end of the contract may be postponed by agreement between the temporary employment agency and the temporary employee for a maximum period of three months.
The employment contract will be drawn up in writing and will state: “fixed-term freelance administration contract”.
The employment contract includes the following clauses and information: 1° Clauses and information relating to the relationship between the temporary employment agency and the temporary employee: a) The expiry date and, where applicable, a renewal clause where the contract has a specific expiry date ; b) The methods for calculating and paying the remuneration, the business contribution allowance, social security and tax charges, management costs and, where applicable, professional expenses;…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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