Can an employee also be an independent contractor?

Many people dream of combining salaried employment with self-employment. Some do it toincrease their monthlyincome, others do it for another reason. Despite these different motivations, is it really possible to combine the two? Learn all about it in this article to find out more now.

Self-employed and employee two statuses that can be combined

It is possible to be both an employee and an auto-entrepreneur. Indeed, if you work in the private sector, you can generally combine your job with a micro-business, whatever your status. On the other hand, if you work in the public sector, it’s more difficult, but not impossible! You do, however, need to apply before you consider setting up your own business; this should be done before you even start!

Certain conditions must be met:

Non-competition clause

Before asking yourself whether self-employment is the right option for you, take a close look at your contract. Don’t forget to check that it contains no non-competition or confidentiality clauses that would restrict your possibilities. If not, and if they are indeed abusive, take this into account when deciding whether setting up a business is right for you as a profession.

If the contract doesn’t meet these criteria, you can review it and have all the clauses removed. If your employer doesn’t want to modify these written documents, you can take the dispute to the Labour Court (Tribunal des Prud’hommes). However, if a non-competition clause is valid and you are stubborn, you may be subject to penalties for breach of contract or violation of the law.

Duty of loyalty to your employer

If you have a contract but are becoming self-employed, it’s important toinform your employer that you are setting up your own business. This is even more important if you work in the same sector as them. Avoid working for them during office hours while still employed, and avoid using the equipment and services they provide on behalf of their employees. What’s more, don’t use the opportunity to poach or denigrate other members of their company’s staff!

These rules can have serious consequences:

Dismissal / Contravention / Damages / Disqualification

Exclusivity clause

The exclusivity clause in a standard contract is linked to working exclusively for the company with which you have signed your contract for the duration of the contract. This clause prevents the employee from engaging in any other remunerated professional activity, but it can be suspended, giving a degree of flexibility, provided that no contract is created or taken up within a year. However, this does not apply if you set up your own business and register it with the Registre du Commerce et des Sociétés beforehand – you can then suspend it for up to 1 year. If you violate these terms of agreement, there are consequences.

Activities that prohibit self-employment and salaried employment

Although there are exceptions, most professions allow the combination of self-employed and self-employed contractor. However, there are certain regulated professions in which you cannot work as a contractor and an employee at the same time. These include the medical professions(doctors or lawyers), the legal professions(lawyers or judges), accountants and auditors, agricultural workers, including farmers… As each profession is different, it’s impossible to list them all, but these examples should help you understand how it works in practice!

Also read: Gaddin: an excellent solution for generating additional income

Laetitia Dupuis

Laetitia Dupuis

Laetitia est une journaliste française et auteur pour le magazine Adises Active, spécialisé dans tous les sujets qui touchent l'immobilier et la finance. Elle travaille pour ce magazine depuis 2009 et elle est considérée comme l'un de ses plus importants contributeurs.