Can an employee hold two jobs at the same time?

Are you wondering whether it's possible to hold two jobs at the same time? As the labour market evolves, more and more employees are asking whether they can take on a second job, whether to boost their income, top up a part-time role, or change direction. That said, there are specific conditions to know before holding two jobs legally. That's exactly what this article covers: from the maximum working hours, to the restrictions, to your obligations toward your employer.

Key takeaways:

• Holding two jobs is allowed, provided you respect the legal caps on working hours and your obligations toward your employer.
• Holding two jobs isn't always allowed: certain contract clauses or collective agreement provisions can rule it out.
• Wage portage lets you build an independent activity alongside a salaried job, within a secure and simplified framework.

Holding two jobs: the legal working hours to respect

The maximum working hours allowed when holding two jobs

In France, salaried work is subject to a maximum duration that can't be exceeded, whether you hold one job or several at once. This legal limit is:

• 10 hours per day, under Article L3121-18 of the French Labour Code;
• 48 hours per week, or 44 hours on average over 12 consecutive weeks, under Articles L3121-20 to L3121-22 of the French Labour Code.

You can hold two jobs as long as their combined hours don't exceed these legal limits, whether you're on a fixed-term or permanent contract, full time or part time.

Good to know: if the legal maximum is exceeded, both the employee and the employer risk a fine of €1,500, rising to €3,000 for repeat offenses, under Articles R8262-1 and R8262-2 of the French Labour Code.

Activities not subject to the maximum working hours

Some activities fall outside the maximum working hours rule, namely:

• Scientific, literary, or artistic work;
• Work carried out for the public good (teaching, charitable work...);
• Volunteering;
• Domestic tasks carried out for private individuals;
• Emergency work (to remove a danger or prevent an accident).

So it's possible to combine a salaried job with one of these activities. In that specific case, only the salaried job remains subject to the maximum working hours.

Concrete example: Léa is a salaried developer at an IT consulting firm and volunteers running coding workshops on the side. Since that activity isn't subject to the maximum working hours rule, only the hours from her salaried job count toward the legal limit.

Obligations toward your employer when holding two jobs

When holding two jobs, you need to respect two main obligations toward your employer:

1. Refrain from any unfair competition against your employer;
2. Prove that you're respecting the maximum working hours if you take on a second salaried job.

Your employer has the right to ask you for a written statement confirming this, and failing to provide one can expose you to dismissal for serious misconduct.

Concrete example of unfair competition: Thomas is a salaried developer at a company that builds management software. On the side, he sells similar software to the same clients as his employer. This breaches his duty of loyalty and exposes him to sanctions for unfair competition.

When is holding two jobs not allowed?

Before taking on a second job, make sure your employment contract or collective agreement doesn't rule it out. Holding two jobs can indeed be banned by a collective agreement provision or an exclusivity clause written into your contract. This type of clause bars an employee from carrying out any other professional activity alongside their job, regardless of its nature or form. Breaching it exposes you to dismissal for serious misconduct.

Can you combine a salaried job with self-employed (auto-entrepreneur) status?

Yes, it's entirely possible to be both an employee and a self-employed auto-entrepreneur at the same time, as long as no clause in your employment contract prevents it and you respect the following obligations toward your employer:

• The duty of loyalty;
• The ban on running your second activity during your working hours;
• The ban on using your employer's equipment for your self-employed activity;
• The ban on unfair competition.

Good to know: if your employment contract includes an exclusivity clause, it can be temporarily lifted to let you set up a business. In that case, the waiver is valid for up to 1 year, extendable to 2 years, counted from the date you declare the start of your professional activity.

Focus on wage portage for holding two jobs

If you want to build an independent activity while keeping your salaried job, wage portage is a particularly well-suited solution. This status lets you carry out assignments with full autonomy while keeping the social protection that comes with employee status (health insurance, pension, unemployment insurance under conditions...). Wage portage also simplifies the administrative side of your activity. The portage company handles invoicing, social declarations, and paying your salary. This lets you diversify your income streams without having to manage the paperwork that comes with setting up and running a company.

Good to know: at Weepo, you get personalised support to grow your activity alongside your salaried job. From administrative management to tracking your assignments, a dedicated contact helps you juggle your different professional projects with peace of mind.

Key points to remember

You now know the rules for holding two jobs. Here's a quick recap:

1. Holding two jobs is possible as long as your total working hours respect the legal caps set by the French Labour Code.
2. Holding two jobs means respecting a duty of loyalty toward your employer, as well as the rules on maximum working hours.
3. Before taking on a second job, check that your employment contract and collective agreement don't rule it out.
4. Combining a salaried job with a self-employed business is allowed, provided you respect the obligations set out in your employment contract.
5. Wage portage makes it easier to hold two jobs by offering a secure framework and simplified administrative management.

Looking to start your own self-employed business alongside your salaried job? Take a look at our guide on business creation support.

Frequently asked questions about holding two jobs