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Under what conditions can an employee accumulate several jobs?

Verified 02 décembre 2019 - Directorate for Legal and Administrative Information (Prime Minister)

Cumulation of paid activities

The employee may accumulate several jobs, subject to conditions.

He must respect maximum legal working time, or face sanctions. Thus, except for derogations, the employee must not work more than 10 hours per day and 48 hours per week (or 44 hours per week, calculated over a period of 12 consecutive weeks). These terms must be respected, regardless of the number of employers and the length of work on each contract.

The employer may ask the employee for a written certificate certifying that he is complying with the provisions on working hours.

If the employee refuses to provide this information, he may be dismissed for serious misconduct..

An employee who has several jobs must respect the duty of loyalty, i.e. he cannot engage in an activity that can compete with that of his employer. This obligation is imposed on the employee who works for himself or for another employer.

cumulation may be prohibited by treaty provisions or a clause in the employment contract.

This is the case where an exclusivity clause prohibits an employee from combining his employment with another professional activity (whether employed or not).

The exclusivity clause applies even if the activity does not compete with that of the employer.

It is not possible to hire a part-time employee and impose an exclusivity clause on him or her unless the clause satisfies the following 3 cumulative conditions:

  • It is essential to protect the legitimate interests of the company
  • It is justified by the nature of the duties entrusted to the employee
  • It shall be proportionate to the intended purpose

Cumulation of an activity as an employed person and a self-employed person

In the event of a combination of an employed and a self-employed activity, only the employed activity shall be subject to compliance with the maximum working time.

Failure to respect the maximum working time shall be punished by a fine of €1,500 maximum.

In case of recidivism, the fine can reach €3,000..

By exception, the following activities are not subject to compliance with the maximum working time:

  • Scientific, literary or artistic work and public works (including education, education or charity)
  • Work performed on its own account or free of charge in the form of voluntary assistance
  • Small household work performed by individuals for their personal needs
  • Extreme emergency work required for immediate action to prevent imminent accidents or to organize rescue measures

It is not possible to hire a part-time employee and impose an exclusivity clause on him or her unless the clause satisfies the following 3 cumulative conditions:

  • It is essential to protect the legitimate interests of the company
  • It is justified by the nature of the duties entrusted to the employee
  • It shall be proportionate to the intended purpose

Accumulating an employee activity with a business creation

If there is an exclusivity clause in the employment contract, the employee must work exclusively for his employer.

However, the exclusivity clause may be temporarily lifted when an employee wishes to set up or take over a business.

The employer remains entitled to refuse the provisional lifting of the clause if the employee is a home seller and representative (VRP).

The lifting of the exclusivity clause shall be valid for 1 year from:

  • Either from the date of entry in the Register of Commerce and Companies (RCS) or the directory of trades
  • The declaration of the beginning of agricultural or self-employed professional activity

If the employee is leave for business creation or resumption and the leave is extended, the lifting of the exclusivity clause shall apply until the end of the leave, i.e. no more than 2 years.

At the end of the provisional lifting period, the exclusivity clause shall again apply. The employee must renounce his activity related to the creation or resumption of a business or break his contract of employment. If the employee does not comply with the exclusivity clause, he is liable to dismissal.

It is not possible to hire a part-time employee and impose an exclusivity clause on him or her unless the clause satisfies the following 3 cumulative conditions:

  • It is essential to protect the legitimate interests of the company
  • It is justified by the nature of the duties entrusted to the employee
  • It shall be proportionate to the intended purpose