Create a business while maintaining employment is quite possible, it is a choice that many people might do in this period of crisis of the sars coronavirus. But be careful to respect certain rules.
Whether you’re in CDD, CDI, interim or internship, you can earn your employment with the auto-entrepreneur status and this, regardless of your field of activity (crafts, trade or profession). It should be noted, however, that some professions are legally excluded from the auto-entrepreneur status (nursing, accounting, or the trades agricultural, in particular). If you exercise one of these professions, you will then need to choose another form of business.
Wage-earning and self-company : a few cases of incompatibility
Of non-competition clauses or confidentiality in your work contract that may prevent you from exercising an activity of self-entrepreneur in the same sector of activity, the company which employs you. You can also be linked to your employer by a contract of exclusivity that would prevent you from creating your own business. Re-read your employment contract before you take steps to create your company.
Also note that you can not work for your employer under the auto-entrepreneur status. The labour code states very clearly that it is not possible to be an employee and a provider of the same company. Even if you were licensed prior to working as a self-contractor for the same company, you could be considered as an employee in disguise, in the case of control of the URSSAF.
If no clause of non-competition, confidentiality or exclusivity is not mentioned in your employment contract, you can create your auto-entrepreneur status. Note that you engage in several activities (employee and non-employee), so you are affiliated with, and contribute automatically to the different social regimes.
I created my business : the rules vis-à-vis my employer
As an employee, you have a duty of loyalty to your employer. This means that you must notify your employer of the creation of your activity. Especially if you exercise in the same sector of activity and if you may touch the same customers. You do not, of course, the right to work to the account of your auto company for your legal hours of paid work. You must not use your account for the material and services made available by your employer as part of your paid employment (work computer and Internet connection, car…). As a self-contractor, you must not recruit the employees for the account of your business, or disparage or discredit the company that you employed.
Please note that this duty of loyalty extends beyond the end of your work contract : even after a rupture of contract, you must comply with these obligations vis-à-vis your (now) ex-employer.