To cumulate two jobs?

It may happen that a person, an employee of a company, wishes:

  • start your own business
  • test a business idea;
  • help a friend who starts his own business.

Therefore, is it possible for this person to carry out these two professional activities in parallel?

Work Sick (CC smemon)

Work Sick (CC smemon)

Chapter 1. The principle

In reality, there is no general principle of the type "it is forbidden to cumulate two jobs” .

The principle is therefore the freedom !

Nevertheless, in order to protect the employee and his employer, the legislator has set some limits to this freedom.

Chapter 2. The limits to this principle

Section 2.1. Loyalty

An employee has a duty of loyalty to his employer (L1222-1 Labor Code and 1135 Civil Code).

Therefore, the launch of a concurrent activity in parallel is prohibited (C. Cass. soc. January 28, 2014, No. 13-10518), since the mere registration of a company having a competing object does not constitute a fault in itself (C. Cass. soc. June 19, 2013, No. 12-19097)

In addition, the cumulative activity must not interfere with the initial employment (C. Cass. soc. December 6, 1979, No. 78-41248 ex. during his working time, it is advisable to get involved 100% for his employer: this is obvious, but it is better by saying it).

Section 2.2. Contractual exclusivity

It is also worth looking at his employment contract.

Indeed, this one can arrange the conditions of a plurality of employment, or even prohibit it simply. To be valid, the clause must (C. Cass.soc., September 15, 2010, No. 08-44640):

  • be essential the protection of the legitimate interests of the enterprise;
  • be justified by the task at hand;
  • be proportionate the desired goal.

Thus a clause which has the effect of preventing the employee from having a professional activity outside his working time, including in sectors of activity unrelated to that of the employer, was ineligible for it (C. Cass.soc., September 15, 2010, No. 08-44640).

In addition, a clause providing for or prohibiting the accumulation of employment is prohibited in a part-time contract (C. Cass. soc. July 11, 2000, No. 98-43240in this case the judges decided that the exclusive dealing contract should be interpreted as a full-time contract).

Section 2.3. Working time and rest

2.3.1. Scope

This paragraph only concerns the accumulation of salaried jobs. Indeed, no legislation comes to settleuse"Your free time for other activities (such as running a business or others).

In addition, the law explicitly provides that certain activities may be carried out without any constraint on the maximum duration of working time (L8261-3 Labor Code):

  • scientific, literary or artistic works and the contribution to works of general interest (in particular teaching, education or charitable purposes),
  • work done on his own account or free of charge in the form of voluntary mutual assistance,
  • small housework done at home for their personal needs,
  • emergency work whose immediate execution is necessary to prevent impending accidents or to organize rescue measures.

2.3.2. Maximum duration of working time

The employee can not exceed the maximum working time (L8261-1 Labor Code for the employee, L8261-2 Labor Code for the employer):

In case of non-compliance with these rules, the sanction is:

If the employee exceeds the maximum authorized period, the employer must invite the employee in writing to abandon one of these contracts (C. Cass. Company, 9 December 1998, No. 96-41911): failing to abandon one of the employment contracts, the employer may dismiss his employee.

2.3.3. Minimal rest

In addition, the employee must respect the minimum rest period:

In case of non-compliance with these rules, the penalty is 750€ for the employer (R3135-1 Labor Code together 131-13 Penal Code).

Section 2.4. Parental leave

If the employee takes a parental leave of education, it is not possible for him to exercise any professional activity (except maternal assistant, L1225-53 Labor Code).

Section 2.5. For civil servants

Civil servants (civil servants and non-incumbents) can not combine their position with a lucrative private activity (Article 25 of Law No 83-634 of 13 July 1983), except :

  • if they have been authorized;
  • if the cumulative activity is a public activity.

Chapter 3. Initial employer information

There is no legal requirement to notify his employer.

Nevertheless, if he comes to discover it, he can ask to protect himself (see the sanctions of the article R8262-2 Labor Code) a written certificate from his employee certifying that the maximum hours of work are not exceeded.

Refusal to give such an attestation to his employer constitutes a serious error which may lead to dismissal (C. Cass. Company, May 19, 2010, No. 09-40923).

2 Comments:

  1. Hello,

    i & #8217; had two part-time contracts in cdi l & #8217; one of 22 hours and the other of 104 hours, my employer at 104 hours m & #8217; spent at 139 hours without amendment to the first contract. Then he m & #8217; overworked and in fact n & #8217; having no d & #8217; endorsement I didn & #8217; knew what to do, I & 17TP38217; 17 times exceeded the full time for this job. Which means that I sometimes worked 180 or 190 hours per month. I ended the 22 hour contract, but in fact contractually I only had resources for 139 hours of work per month instead of 161 hours with the two contracts, which allowed me to live. I very often exceeded the contractual hours and sometimes by a lot during the balance sheet period for example. My supervisor gave me part of her job to do without worrying about the hours spent and ended up quitting the 22 hour job. I had started a few months ago to experience recurrent sensory disturbances, and great tiredness, I had asked for a full time in view of the overtime hours of the accumulation of jobs to give up my second job of 22 hours. My employer never followed up on my request and continued to charge me with work. I held for as long as I was able and above all I asked for a better organization of work so that the hours could be predicted but the result was a shelving and three long months of contempt, insults & #8230; I fell seriously ill (continuous work stoppages for two years and placed on second category disability) for reactive depressive syndrome suffering at work.

    I & #8217; have since made the process of & #8217; recognition in occupational disease of my pathology. Then I put forward the perfect indifference of my employer to the initial 104 hours of the legislation on the accumulation of part-time jobs. Of never having made an amendment to the increase in my working time at home, of never having checked whether the hours cumulated with my other job could lead to an hourly overload likely to cause health problems & #8230 ;.
    This employer knew that I had a second job.

    I thank you in advance for your answer

    cordially
    fable

  2. corner of salarie.fr

    thank you for this very useful information! not always obvious this being said in practice not to exceed the maximum legal working time when you cumulate two jobs!

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