Employees in the private and public sectors, whatever their employment contract (fixed-term contract, permanent contract, support contract, etc.) can become self-employed. In 2012, 28% of self-employed entrepreneurs were employed. Here's what you need to know before you get started with this excerpt from the book "Auto-entrepreneur: all the answers to your questions" published by Editions Dunod.
An employee who wishes to undertake an obligation is obliged to loyalty to his employer. Clearly, if the creation of your company is likely to compete with your employer (same market, same customers to prospect, etc.), you will first have to ask for a written authorization.
If an exclusivity clause is included in your employment contract, do not panic. As with any entrepreneur, this clause is unenforceable for one year (two years in the case of leave or part-time for business creation), the time to design solidly and launch your new activity. After this period, you will have to ask for the modification of your employment contract or obtain a written authorization, under penalty of having to choose between entrepreneurship and salaried employment.
Obviously, you must practice outside of your office hours and, unless otherwise agreed, do not use the premises or equipment of your employer for your personal account. Although there is no obligation, it is best to inform your employer of your entrepreneurial project.
A double status
Becoming an entrepreneur while remaining an employee involves tax and social adjustments. Now that you have two caps, you will contribute to the general social security system under your employment contract, but also to the self-employed person's plan, as part of your new income.
In terms of your social security coverage, you will receive social benefits from the scheme in which your main activity is carried out. On the other hand, you will accumulate your pension rights in both plans.
On the tax side, you will continue to declare your salaries in the wage and salary category and you will be covered by the micro-enterprise tax regime for your independent earnings.
Organize your time
This is the main difficult of creative employees who may have difficulty managing two activities at the same time. Most of the time, they dedicate their evenings and weekends to their self-entrepreneurial activity, but they can quickly become overwhelmed, especially if the company requires a permanent presence. Several solutions exist.
1 - Leave for business start-up
It is addressed to any employee whose seniority in the company is equal to or greater than 24 months (consecutive or not). The application must be sent to the employer at least two months before, by registered letter with acknowledgment of receipt, or by hand-delivered to the landfill. It must specify a certain number of points: the activity of the company, date of the beginning of leave, the length of leave ... From the receipt of the request, the employer has a period of 30 days to give its agreement. Failure to reply within this period shall constitute acceptance.
This leave has a duration of one year, renewable once. During this period, the employee continues to be part of the company's workforce but is no longer remunerated. He shall not acquire any seniority or entitlement to paid leave and may not require the reinstatement of the enterprise before the end of his leave.
2 - Part-time business start-up
The employee who wishes to set up his business can thus benefit from a few days a week to devote himself to his project.
The period of part-time work shall be fixed, by an amendment to the contract of employment, not exceeding one year. During this period, the employee receives remuneration corresponding to the number of hours actually worked. The conditions for granting part-time work are identical to those for creation leave (12 months, renewable once, 24 months minimum) and the application must be formulated in the same way (two months before by registered letter with acknowledgment of receipt).
3 - The sabbatical leave
It is also possible to apply for a sabbatical leave of 6 to 11 months. In order to access this, you must have 36 months of seniority in the company.
Also published on Medium.