Contrat Commercial de Prestation de Portage Salarial Template for France

Le Contrat Commercial de Prestation de Portage Salarial constitue la base juridique du dispositif de portage salarial en France. Ce document tripartite définit précisément les droits et obligations de chaque partie tout en respectant le cadre légal strict établi par le Code du travail. Vous devez comprendre ses spécificités pour sécuriser vos relations professionnelles dans ce secteur en pleine expansion.

When do you need this document?

You need this contract when establishing a portage salarial relationship in France. This situation arises when you're a freelance consultant or independent professional who wants to maintain salary employee benefits while working for client companies. The contract becomes essential when you choose to work through a portage company rather than creating your own business structure. You'll also need this document when transitioning from traditional employment to independent consulting while maintaining social security coverage. Additionally, client companies require this contract to ensure compliance with French labor law when engaging consultants through portage arrangements.

Key legal considerations

Your contract must clearly define the tripartite relationship between the portage company, yourself as the carried employee, and the client company. The document should specify your exact mission scope, deliverables, and performance criteria to avoid disputes. Financial arrangements require particular attention, including fee structures, expense reimbursement procedures, and the portage company's management fees. You must ensure the contract addresses intellectual property ownership, confidentiality obligations, and liability limitations. Professional insurance coverage and responsibility allocation between parties need explicit definition. The contract should also establish clear termination procedures and notice periods for each party involved in the arrangement.

Legal requirements in France

French law mandates specific provisions under Code du travail Articles L1254-1 to L1254-31 governing portage salarial contracts. Your agreement must comply with the minimum wage requirements and cannot be used for permanent positions within client companies. The Ordonnance n° 2015-380 requires that carried employees possess appropriate qualifications and expertise for their missions. You must ensure the contract respects the Convention collective du portage salarial from March 22, 2017, which establishes sector-specific working conditions. The portage company must maintain adequate financial guarantees and professional insurance as mandated by law. Your contract duration cannot exceed 36 months with the same client company, and renewal conditions must be clearly specified. Additionally, the agreement must comply with Code de commerce provisions regarding commercial relationships and general terms of business when applicable.