French Umbrella Employment Client Mission Agreement

Article L1254-23 of the French Labour Code requires four minimum items: the nature and conditions of the work, the duration of the mission, the agreed price between the parties, and the nature and amount of the EPS management fees deducted from the net-of-VAT invoiced turnover. An incomplete agreement exposes the EPS to sanctions from the regional labour inspectorate (DREETS) and weakens the legal standing of the three-way arrangement for all parties.

No. The consultant (salarié porté) is bound to the EPS by an employment contract, not to the client. Any non-compete clause inserted directly into the mission agreement has no legal effect on the consultant, who remains subject only to their own employment contract with the EPS (Art. L1254-24 Labour Code). The client may not set personal performance targets for the consultant or discipline them directly.

EPS management fees generally run between 5% and 15% of the net-of-VAT turnover billed to the client. They cover payroll administration, payslip processing, the EPS's mandatory financial guarantee (Art. L1254-5 Labour Code — minimum floor of 8% of the guaranteed payroll) and employer social charges. The rate is freely negotiated but must appear explicitly in the mission agreement; omitting it weakens the legal standing of the agreement.

For a fixed-term portage contract (CDD de portage), the total duration including renewals cannot exceed 18 months, per the CCN portage salarial (IDCC 3238, agreement of 22 March 2017). If the consultant is on an open-ended portage contract (CDI de portage), no maximum duration applies to the mission agreement itself, but the duration must still be defined or determinable as required by Art. L1254-23.

Only EPS companies formally registered with the DREETS and holding a valid financial guarantee may operate legally (Art. L1254-5 and L1254-6 Labour Code). The client should demand an up-to-date financial guarantee certificate before signing. If the client knowingly contracts with a non-compliant EPS, it may be held jointly and severally liable for unpaid wages and social contributions owed to the consultant (Art. L1254-27 Labour Code).

The portage mission agreement sits within a legally mandated three-party framework (client–EPS–consultant) governed by Articles L1254-1 to L1254-32 of the Labour Code, which are public-order provisions that cannot be waived. It must not contain any clause giving the client supervisory authority over the consultant — such a clause risks reclassification as illegal labour supply (prêt de main-d'œuvre illicite). Unlike a standard service contract, the client also carries specific statutory obligations for site safety and information under Art. L1254-26.