Contract for a French EOR Complete Solution: Everything You Need to Know Before Signing

While this type of contract can be particularly attractive for freelancers and independent consultants, it is essential to fully understand how it works before committing to this specific form of employment.

What is a contract for a French EOR complete solution and how does it work?

The contract for a French EOR complete solution is an employment contract that allows an autonomous professional — the porté employee — to carry out their activity for their own clients while benefiting from the protective status of an employee through a French EOR company.

This contract is based on a tripartite relationship between a porté employee, a French EOR company, and a client company.

Concretely:

1. The porté employee finds clients, negotiates assignments and rates, and works like an independent consultant. Once the assignment is secured, they sign a service contract with the French EOR company.

2. The French EOR company handles all administrative procedures on behalf of the porté employee and invoices the client company.

3. The client company pays the French EOR company once the assignment is completed, and the French EOR company then transfers the net salary to the porté employee after deducting the relevant elements.

This system allows the consultant to focus on their core business while being relieved of time consuming administrative management.

As you can now imagine, this contract can be highly beneficial for independent workers. However, it has certain specific features that should be clearly understood before considering it.

What are the specific features of an employment contract within a French EOR complete solution?

The employment contract is either an open ended contract (CDI) or, less frequently, a fixed term contract (CDD). It includes several notable differences compared to a standard employment contract :

• The French EOR company has no obligation to provide work: the porté employee is responsible for finding their own clients and assignments, fully independently.

• The porté employee sets their own rates, schedule, and working conditions. They negotiate each assignment directly with the client company, just like an independent consultant.

• A single employment contract may cover several assignments performed for different clients. It follows the porté employee over time, regardless of the missions carried out.

• The relationship of subordination is lighter and regulated. The contract specifies the nature of this relationship and the degree of autonomy granted to the porté employee.

According to articles L.1254 2 and following of the French Labour Code, the contract must include certain mandatory elements:

• Identity and address of the parties
• Reference of the institution providing the mandatory financial guarantee
• Nature, duration, location, and qualification related to the assignment
• Method of calculating remuneration and any applicable increase
• Amount and terms of reimbursement for professional expenses
• Social protection scheme for the porté employee
• Conditions for termination of the contract, etc.

In addition to the employment contract, a portage agreement is generally concluded between the porté employee and the French EOR company. It details how the consultant’s activity is conducted and outlines mutual obligations (invoicing methods, remuneration rules, notice period, potential non compete clause, etc.).

This agreement complements the employment contract and forms an integral part of the contractual documents binding the consultant to the French EOR company. Signing it marks the start of the EOR relationship.

Although the service relationship is open ended, both the consultant and the French EOR company may terminate the contract at any time, provided they respect the applicable notice period.

What types of contracts are possible within a French EOR complete solution?

As mentioned earlier, this framework involves a tripartite relationship between you, the French EOR company, and your clients, formalized through three distinct but complementary contracts:

• the employment contract,
• the portage agreement,
• and the service contract.

Each contract plays a specific role and defines the rights and obligations of each party. Let’s break them down.

1. The employment contract between the consultant and the French EOR company

This contract can take two forms depending on the consultant’s needs:

• Open ended contract (CDI): the most common form. It allows consultants to work with several clients over an unlimited period. It provides stability and can be terminated by either party according to standard rules (notice period, termination indemnities where applicable, etc.).

• Fixed term contract (CDD): less common, usually used for a single, clearly defined mission. Its duration is limited, ending on the agreed date, with early termination only possible under specific circumstances (mutual consent, serious misconduct, force majeure).

2. The portage agreement between the consultant and the French EOR company

Also referred to as a membership contract or service agreement, it defines all aspects of the consultant’s collaboration with the French EOR company that are not covered by the employment contract.

It specifies:

• Administrative, accounting, and tax management procedures
• Services provided by the French EOR company (pay slips, declarations, etc.)
• Management fees charged by the French EOR company
• Mutual commitments regarding information, confidentiality, independence, etc.

3. The service contract between the French EOR company and the end client

Also called the assignment contract or engagement letter, this commercial agreement is signed between the French EOR company and the client. It defines:

• The nature and detailed description of the assignment
• Start and end dates
• Price billed to the client (including the consultant’s remuneration and management fees)
• Payment terms
• Confidentiality or intellectual property clauses as needed

This contract allows the consultant to work confidently for the client without handling the commercial and contractual aspects — the French EOR company assumes full responsibility for compliance and execution.

How can an employment contract within a French EOR complete solution be terminated?

Termination conditions depend on the type of employment contract:

• For a CDD, the contract automatically ends on the agreed date. Early termination is possible only in cases defined by the Labour Code (mutual agreement, serious misconduct, force majeure).

• For a CDI, the contract has no set end date. It can be terminated by either the consultant or the French EOR company, following the agreed procedures and notice period.

In cases of non compliance by the consultant (insufficient prospecting, client diversion, non payment of management fees, etc.), the French EOR company may also terminate the contract for misconduct, without notice or indemnity.

Therefore, both the employment contract and the portage agreement must clearly detail the terms and consequences of termination (notice period, calculation of possible indemnities, handling of ongoing assignments, return of equipment, etc.) to prevent disputes.

2i Portage: your trusted partner for a French EOR complete solution

Looking to start your activity within a French EOR complete solution with complete peace of mind? 2i Portage supports you at every stage with a tailored and secure framework.

Our advisors help you choose the most suitable status for your situation and assist you in drafting your employment contract.

Approved by the French State and PEPS–AFNOR certified, 2i Portage, a leading French EOR provider for over 15 years, offers you:

• A solid and transparent contractual framework
• The best social protection guarantees on the market
• A nationwide professional network to support your business development
• Numerous social benefits
• …

In practice, 2i Portage provides end to end support and all the tools you need to focus confidently on your activity.

From contract signing to contract termination, you benefit from personalized guidance from a dedicated advisor and innovative tools to manage your assignments. With 2i Portage, flexibility goes hand in hand with simplicity!

So don’t wait — join the community of consultants supported by 2i Portage! Contact us now to lay the foundations for a successful collaboration.