Multi-activity compatibility: legal implications

Carrying on several activities at the same time is lawful under French law, and that is the guiding principle. The limits therefore do not stem from a general prohibition, but from three sets of rules that apply in parallel: maximum working hours, obligations arising from the employment contract, and special statuses. Conflating these three levels leads to the belief that combining activities is prohibited when it is simply poorly organised — or the opposite, which is more dangerous.

The principle: freedom, subject to exceptions

No provision prohibits an employee from carrying on another activity outside their working hours. They may set up a business, carry on a self-employed activity, or take up a second salaried job.

This freedom has a practical consequence that is often overlooked: the employee is under no general obligation to inform their employer of an activity carried on outside their working hours. Such an obligation exists only if a clause in the contract provides for it, or if the situation touches on one of the limits set out below.

First limit: maximum working hours

This is the strictest limit, and the only one whose breach also engages the employer's liability.

When an employee combines several salaried jobs, the total hours worked may not exceed the statutory maximum working hours: ten hours per day, forty-eight hours over one week, and an average of forty-four hours over twelve consecutive weeks. These ceilings are assessed across all employers combined.

An employer who is aware of an irregular combination of jobs and allows it to continue is exposed to penalties. This is why many employers ask for a sworn statement confirming compliance with the maximum working hours: this request is legitimate, even though no information about the nature of the activity is owed.

Combining a salaried job with a self-employed activity does not count towards this ceiling, since self-employed activity is not counted as working time. The calculation of hours owed under the first job remains governed by the ordinary rules, set out in our article on overtime.

Second limit: obligations arising from the contract

Three distinct mechanisms, often confused with one another:

The duty of loyalty exists without any clause. It prohibits the employee from carrying on an activity that competes with their employer's business during the term of the contract, and from diverting customers or information. It applies at all times, including during leave and periods when the contract is suspended.

The exclusivity clause prohibits any other professional activity, even a non-competing one. Its validity is conditional: it must be essential to protecting the company's legitimate interests, justified by the nature of the role, and proportionate to the aim pursued. A general exclusivity clause, inserted as a matter of course in every contract, is regularly set aside. It is also unenforceable, for a set period, against an employee who sets up or takes over a business, as well as against part-time employees — for whom it would amount to preventing them from supplementing their income.

The non-compete clause only takes effect after the contract ends. Its validity requires a limitation in time and space, the protection of legitimate interests, consideration of the specific features of the job, and above all financial compensation. Without compensation, it is void.

The distinction is decisive: a poorly drafted exclusivity clause does not prevent combining activities while the contract is ongoing, and a non-compete clause, even a valid one, has no effect while the contract is still in force. These provisions fall within the general obligations set out in our article on the employer's legal obligations.

Third limit: special statuses

Certain statuses reverse the principle.

Public officials are, in principle, subject to an obligation to devote themselves exclusively to their duties, with regulated exceptions: creation of intellectual works, ancillary activities subject to authorisation, temporary combination for setting up a business.

Certain regulated professions have their own incompatibilities, set by their regulations or their code of ethics, independent of employment law.

Combining employment with a pension is subject to specific rules depending on the scheme and on whether the pension has been claimed at the full rate or not, with direct consequences for the continued payment of the pension.

Social security and tax consequences

Combining activities creates parallel affiliations. An employee who also carries on a self-employed activity contributes to both schemes, with specific attachment rules for health insurance and for pension purposes. Income is declared under its respective category — salaries and wages on one hand, industrial and commercial profits or non-commercial profits on the other — and is combined to determine total income.

Two points require particular attention: health cover falls under the scheme of the main activity according to precise criteria, and crossing certain self-employed turnover thresholds changes the social security scheme without prior notice.

Use-case scenarios

An employee setting up a self-employed activity. Check for the existence of an exclusivity clause, whose temporary unenforceability against business founders applies precisely in this situation. The duty of loyalty, however, applies without any clause: the activity set up must not compete with the employer.

Combining two part-time jobs. The point to check is compliance with the maximum working hours across all employers combined. An exclusivity clause in a part-time contract is, in principle, without effect.

An employee carrying on another activity from home. The place of performance does not change the rules, including for an employee working remotely. What matters remains the effective separation of time and compliance with maximum working hours.

Frequently asked questions

Does the employee need to inform their employer? Not in principle, unless a contractual clause provides otherwise. The employer may, however, ask for a sworn statement confirming compliance with maximum working hours, which does not inform them of the nature of the activity.

Is an exclusivity clause always valid? No. It must be essential to protecting the company's legitimate interests, justified by the nature of the role, and proportionate. It is set aside for a given period for business founders and, in practice, for part-time employees.

Can someone work for a competitor? No, while the contract is in force: the duty of loyalty prohibits it without any clause being necessary. After termination, only a valid, paid non-compete clause can prohibit it.

What are the maximum working hours that must be respected? Ten hours per day, forty-eight hours over one week, and an average of forty-four hours over twelve weeks, across all salaried employers combined.

Does a self-employed activity count towards these ceilings? No, it is not counted as salaried working time. The duty of loyalty and any exclusivity clause, however, continue to apply.

Can a public official combine activities? The principle is exclusive devotion to one's duties, with regulated exceptions often subject to prior authorisation.

Key takeaways

Combining activities is free as a matter of principle. What frames it comes down to three independent levels, to be checked separately: maximum working hours, which apply across all salaried employers combined; the terms of the contract, distinguishing the duty of loyalty, which always exists, the exclusivity clause, which is only valid if justified, and the non-compete clause, which only takes effect after termination; and special statuses, which sometimes reverse the principle.

The most common mistake is invoking a non-compete clause to prohibit combining activities while the contract is ongoing. It serves no purpose for that. The only basis usable during the term of the contract is the duty of loyalty, and it requires no clause at all.