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)

The principle

In reality, there is no general principle of 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.

Limits to this principle

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).

Contract exclusivity

It is also worth looking at his employment contract.

Indeed, the latter may adjust the conditions for multiple employment, or even simply prohibit it. 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 had 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 unenforceable against the latter (C. Cass.soc., September 15, 2010, No. 08-44640).

In addition, a clause adjusting or prohibiting multiple 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).

Working time and rest

Scope

This paragraph only concerns the accumulation of salaried jobs. Indeed, no legislation comes to regulate “ use In your spare 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.

Maximum 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) or:

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

If the employee exceeds the maximum authorized duration, the employer must invite him 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.

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).

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).

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.

Information from the original employer

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 had two part-time contracts in one of 22 hours and the other 104 hours, my employer at 104 hours passed me to 139 hours without amendment to the first contract. Then he overloaded me with work and in fact having no endorsement I did not know what to do, I have 17 times exceeded the full time for this job. That's why I sometimes worked 180 or 190 hours a 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 both contracts, which allowed me to live. I often exceeded the contractual hours and sometimes much during the balance sheet for example. My supervisor gave me some of her work to do without worrying about hours spent and ended up leaving the 22-hour job. I had been feeling recurrent sensory disturbances for a few months, and a great deal of fatigue, I had asked for a full time in view of the cumulative overtime overruns of jobs to give up my second 22-hour job. My employer never responded to my request and continued to work. I held as long as I could and especially I asked a better organization of the work so that the schedules could be predictable but the result was a setting in cupboard and three long months of contempt, insults & #8230; I became seriously ill (continuous work stoppages for two years and put into second grade disability) for depressive reaction syndrome suffering at work.

    I have since made the process of recognition in occupational disease of my pathology. Then I put forward the perfect indifference of my employer of the initial 104 hours of legislation on the cumulation of part-time work. Never having endorsed the increase in my working time at home, never having checked whether the schedules accumulated with my other job could lead to an overtime that could lead to 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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