Entrepreneur and Employee: How to combine several activities?

you are on a CDD or CDI, you can develop, in parallel with your salaried job, a self-employed activity by creating your micro-enterprise. However, there are certain pitfalls to be avoided and specific regulations to be observed in order to be able to be an employee and self-employed person.

We explain all of this to you in this article and answer the main questions you may have regarding the combination of self-employment and salaried activity.

Yes , if you are currently employed in the private sector, you can become a self-employed person to exercise a complementary activity. The reverse is also possible of course: you can accept a job offer as an employee when you are already a self-employed person.

Whether it is to exercise a commercial, craft or liberal activity, the combination of self-employed and salaried workers is authorized by law , regardless of the nature of your employment contract (CDD, CDI, interim, work-study, internship, etc. .).

The conditions to be fulfilled in order to be able to combine a salaried activity with a self-employed status

As an employee, you first of all have a duty of loyalty to your employer which requires you to respect certain rules. In order to be able to combine your job with a self-employed status, you will also have to check the clauses of your employment contract to find out if this accumulation is possible and under what conditions.

All employees have an obligation of loyalty to their employer. This implies meeting several obligations in order to be able to combine your employment contract with a self-employed activity carried out in a self-employed business:

The obligation to inform your employer of the creation of your auto-enterprise, especially if your auto-enterprise will be in the same sector of activity;

• Not work for yourself during the working hours of your salaried job;
• Do not use the equipment and services made available by your employer as part of your self-employed activity;
• Do not poach your co-workers and your employer’s clients on behalf of your self-employed;
• Do not discredit or denigrate the company that employs you as an employee.

The employee’s duty of loyalty is a legal obligation . Any failure to comply with this obligation can have serious consequences: dismissal, fine, payment of damages, or even a ban on your activity!

The clauses contained in your employment contract

Beyond this duty of loyalty applicable to all employees, your employer may have decided to impose more or less significant additional restrictions on you in your employment contract.

These restrictions could thus prohibit you from carrying out an activity concurrent with that of your employer, or even completely prohibiting you from carrying out a self-employed activity in addition to your salaried employment.

Please note, these restrictions or obligations may be contained both in your employment contract and in the collective agreement applicable in your company!

The non-competition or confidentiality clause

Before setting up your own business in the same sector of activity as your current job, you must absolutely check that your employment contract does not prevent you from doing so . Indeed, it is possible that your employment contract contains a non-competition clause or a confidentiality clause which consequently limits your freedom to undertake in the same sector of activity.

Read your employment contract carefully to check if such a clause is included. If this is the case, be aware that the non-competition clause continues to apply after the termination of your employment contract .

However, check that this clause is not abusive. Indeed, a non-competition clause must:

• Be limited in time and space;
• Be limited to a specific field of activity;
• Get paid.

If these conditions are not respected, try to negotiate with your employer in order to have this clause removed from your employment contract so that you can safely combine your salaried activity with a self-employed status. In the event of a refusal by your employer, you can refer the matter to the Conseil des Prud’Hommes to make the clause null and void.

On the other hand, if the non-competition clause is valid and you violate it, you expose yourself to sanctions: dismissal for fault or obligation to reimburse the compensation that has been paid under this clause to your employer. Your employer may even claim payment of damages from you.

The exclusivity clause

Your employment contract may also contain an exclusivity clause.  in addition to your current job. . It therefore obliges you to work exclusively and solely for your employer .

This clause is valid when it meets all of the following conditions:

• It applies to a full-time employment contract;
• It is essential for the protection of the legitimate interests of the company;
• It is justified by the nature of the task to be accomplished;
• If you have a good relationship with your current employer, you can consider negotiating with them to have this clause removed so that you can legally set up your self-employed business, especially if your self-employment project is born long after the signing of your employment contract.
• In the event of non-compliance with the exclusivity clause, you risk dismissal for misconduct which in certain cases may be qualified as serious misconduct.
• Cases in which the combination of self-employed and salaried workers is not possible

In some cases, it is impossible to combine a salaried activity with a self-employed person.

Activities incompatible with a combined self-employed person and employee

These are in fact activities that cannot be carried out under a self-employed status . Here are the categories of activities that cannot be carried out with the micro-enterprise regime:

Liberal activities relating to a pension fund other than the Cipav or the Social Security of the Independents . These are certain regulated liberal professions such as:

• Legal and judicial professions (lawyer, bailiff, notary, etc.);
• Health professions (nurse, doctor, physiotherapist, veterinarian, etc.);
• General and insurance agents;
• Chartered accountants and auditors.
• Activities falling under real estate VAT : property dealers, developers, real estate agents, etc.
• Rental activities of unfurnished or professional buildings;
• Artistic activities remunerated by copyright which is the responsibility of the Maison des Artistes or Agessa;
• Agricultural activities involving membership of the MSA for the compulsory social security scheme.

If you want one of these activities in addition to your salaried job, you will therefore have to opt for another status : Individual Company with the real regime or company (SAS / SASU or EURL / SARL for example).

The combination of civil servant status with a self-employed company

Initially, it was totally forbidden for a civil servant to engage in any other gainful activity. However, several laws have relaxed this prohibition and it is now possible to combine a self-employed status and a civil servant status , under certain conditions.

Full-time civil servant and self-employed

• Expertise and consulting;
• Education and training;
• Sporting or cultural activities;
• Small-scale work carried out in private homes;
• Personal Services Activities;
• Sales of goods produced personally by the agent;
• Etc.

This list is not exhaustive, we have voluntarily indicated the activities most likely to be carried out under a self-employed status by a civil servant.

In this case, you will have to request authorization from your hierarchy by mail. A Ethics Committee will then decide on the compatibility between your new activity and your missions as a civil servant. In the event of a favorable opinion response, you will be able to combine your civil servant status with a self-employed status with no time limit .

Non-full or incomplete time civil servant and self-employed

If you are a civil servant and your working time is less than 70% of the legal working time (i.e. 24.5 hours per week), you can combine your civil servant status with self-employed status.

In this case, you can exercise any activity, without limitation of duration , as long as this one does not undermine the functioning, the independence and the neutrality of your service.

You will simply have to inform your hierarchy by sending them a declaration of cumulative activity . The administration may, however, oppose the exercise of this activity if it considers that it is incompatible with your functions.

What social coverage in the event of a combined self-employed person and employee?

If you combine both a salaried activity and a self-employed activity under a self-employed status, you will have to contribute both on your salaries as an employee and on your income as a self-employed person . It is the principle of solidarity which implies that in Social contributions are due on each source of income.

Thus, you will have to pay your social contributions to Urssaf as a self-employed person, which will be calculated as a percentage of your turnover, even if you already pay social contributions as an employee.

Health coverage applicable to polyactive

Even if you contribute to the 2 social security schemes, only one scheme will cover your health coverage . As a polyactive, it is the plan to which you were affiliated before the accumulation of activity that will continue to cover your health costs:

You are an employee and you create your own business: it is the CPAM which continues to reimburse you for your health costs;

You are a self-employed person and you accept a new salaried job: it is the Social Security for Independents which will continue to reimburse you for your health costs.

You must therefore continue to send your treatment sheets, your sick leave or even your maternity / paternity allowance request to your usual Social Security fund.

Retirement

People who combine a self-employed and salaried status are treated under a special pension scheme .

Even if your cumulative activity will not allow you to retire earlier (you will accumulate a maximum of 4 quarters per year) nor to acquire more retirement points, your retirement pension will be calculated under the 2 plans and paid by the 2 funds. Being polyactive will therefore have a positive impact on the amount of your pension .

Self-Employed Employee: What consequences for your taxes?

When you combine a self-employed status with a salaried activity, you therefore receive 2 types of income: salaried income and self-employed income.

You will therefore have to be careful to declare these 2 sources of income when you make your annual income declaration between April and June. Even if they are declared at the same time, they do not have to be declared in the same place on your tax return .

 Advantages and disadvantages of the combination of self-employed and employee

Advantages

✅ You can get started and test your project while limiting the risks while maintaining the advantages and security associated with your employee status.

✅ You can diversify and increase your sources of income by combining several activities.

✅ You can continue to take advantage of paid vacation, something that people who are only self-employed do not have.

✅ You have the assurance of validating 4 quarters of retirement thanks to your salaried job.

✅ You contribute to 2 retirement plans: you will have a better retirement pension.

✅ You can continue to be covered by the general social security system for your salaried activity, which will be more advantageous.

Disadvantage

❎ You pay social security contributions both on your wages and on your income as a self-employed person, but you do not benefit from “double social protection”.

❎ You cannot contribute more than 4 quarters per year for your retirement.

❎ You may have much less free time for your hobbies, friends, family, etc.

❎ You increase the risk of stress, overwork and “burnout”.