Understanding the Rules of Portage Salarial in France

Portage Salarial is a unique employment model in France that combines the flexibility of freelance work with the legal protection of traditional employment. It’s especially valuable for international companies that want to engage professionals in France without setting up a local entity. But like any employment model, it comes with its own set of rules.

At Parakar, we specialise in making international employment simple and compliant  and Portage Salarial is no exception. In this blog, we walk you through the key rules and best practices you need to know before hiring through Portage in France.

The Portage business agreement

A key element of every Portage Salarial setup in France is the Portage Business Agreement (PA). This is a commercial contract signed between the Portage company  and the client (or end client). It is not just a formality; it is a legal requirement under the collective bargaining agreement (CBA) that governs Portage employment.

The Portage Business Agreement defines all the essential elements of the professional’s mission:

• The scope and nature of the assignment
• Duration of the mission
• Work location and expected deliverables
• Agreed financial terms, including the client fee

Only once this agreement is in place can we legally issue an employment contract to the professional. Without it, the employment relationship cannot be activated under Portage.

The 36-months mission rule

Under the collective bargaining agreement (CBA) governing Portage Salarial in France, there is a strict rule that limits the duration of any single mission to 36 months. This means that an employee cannot continue performing the same role for the same client under the same assignment beyond this three-year period. It’s a regulation designed to preserve the nature of Portage as a flexible and project-based employment model.

However, we understand that in many cases, both the client and the employee may wish to continue the collaboration beyond this limit, especially when the relationship has proven successful and productive. At Parakar, we offer two compliant and practical solutions to extend the working relationship without breaching CBA rules:

• Change the mission: We redefine the scope of work by updating the employee’s job description. This involves drafting a new commercial agreement that reflects the new responsibilities or project.
• Change the client entity: If the role remains the same, the continuity can still be maintained by signing a new commercial agreement with a different legal entity within the client’s corporate group.

Both approaches ensure a seamless continuation of the working relationship while remaining fully compliant with the CBA requirements, giving our clients peace of mind and employees job security.

What happens when a mission ends?

In Portage Salarial, the employment contract is directly tied to the commercial agreement between the Portage company and the client. So, when a client decides to end a mission, the employment contract can no longer continue in its current form. In these cases, two legally compliant termination options are available, each with its own implications for the client and the professional.

Option 1: Mutual Termination Agreement (MTA)

A Mutual Termination Agreement (MTA) is a collaborative approach in which both the professional and the employer agree in writing to end the employment relationship. This method is often preferred as it provides legal clarity, minimises the risk of disputes, and allows for a smoother transition for all parties involved.

By securing the employee’s written consent, the termination process becomes more secure and transparent, avoiding the complications that can arise from unilateral dismissal procedures.

Key elements of an MTA:

• A minimum severance payment is made to the employee, typically covered by a financial reserve built up over the course of the mission.
• The process usually takes between 1.5 to 2 months to complete, ensuring a structured and well-managed transition.
• During this period, the client is responsible for covering the employee’s monthly payroll as well as any unused paid time off (PTO), in line with French labour law.

This approach allows for a professional and amicable end to the contract, while ensuring compliance with all legal obligations.

Option 2: Dismissal

If a Mutual Termination Agreement (MTA) is not possible. For instance, if the employee does not provide consent, the employer may initiate a dismissal procedure. Under the Portage collective bargaining agreement (CBA), the termination of the commercial agreement with the client constitutes valid grounds for dismissal, as the employment contract is only valid while an active mission is in place.

Key obligations in the event of a dismissal:

• The client is required to cover the notice period, which is typically three months.
• The client must also pay out any unused paid time off (PTO), in accordance with French labour law.

Although this process is generally more formal than an MTA, it remains fully compliant with the legal framework of Portage Salarial and provides a clear pathway for concluding the engagement.

Why choose Parakar for Portage in France?

Portage Salarial offers international companies a flexible and compliant way to engage talent in France but only when it’s managed with expertise. With years of experience in international HR, payroll, and employment compliance, Parakar ensures a seamless Portage experience from start to finish.

With Parakar, you can:

• Engage French professionals without establishing a local entity
• Stay fully compliant with Portage CBA requirements
• Manage mission transitions and contract terminations smoothly
• Provide professionals with secure, long-term employment contracts

Ready to hire in France without the administrative burden? Let Parakar handle the complexity so you can focus on growing your business. Get in touch to learn more about our Portage Salarial solutions.

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