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 set a minimum duration when the contract does not include a specific term, in breach of Article L. 1254-11 ;

4° disregarding the maximum duration of the fixed-term freelance administration contract provided for in Articles L. 1254-12, L. 1254-13 and L. 1254-17 ;

5° concluding a freelance administration contract that does not include the compulsory information provided for in Articles L. 1254-14 or L. 1254-20 ;

6° Entering into a freelance administration contract that does not include all the clauses and information provided for in Articles L. 1254-15 or L. 1254-21 ;

7° Not sending the freelance administration contract to the employee within the period provided for in Article L. 1254-16 ;

8° Failing to enter into a commercial contract with a client company of an employee on temporary agency work within the period specified in Article L. 1254-22 or failing to provide the ported employee with a copy of this contract within the same timeframe;

9° Concluding a commercial contract for the provision of portage services with a client undertaking of a ported person that does not include the information provided for in Article L. 1254-23 ;

10° Disregarding the provisions relating to the conditions for carrying out the activity of portage salarial provided for in Article L. 1254-24 ;

11° Disregarding the obligation to set up and manage an activity account for each employee ported, in accordance with article L. 1254-25 ;

12° Carrying out its activity without having taken out a financial guarantee, in disregard of article L. 1254-26 ;

13° Carrying on business without having made the prior declaration provided for in article L. 1254-27 ;

14° Failing to comply, in breach of article L. 1254-28, with the obligations relating to occupational medicine defined in articles L. 4121-1 to L. 4121-5.

A repeat offence is punishable by six months' imprisonment and a fine of €7,500.

The court may also order a ban on working as a freelance administration company for a period of between two and ten years.