# Can you set up a company while staying in employment?

Updated : 2026-10-22 · Source : https://legalrapide.fr/en/reponses/creer-societe-en-etant-salarie/

Yes. An employee can set up and run a company alongside their job, on two conditions: respecting their **duty of loyalty** (no activity that competes with the employer's) and not being bound by an applicable **exclusivity clause**. Check your employment contract and collective agreement before setting up.

## What to check
| Point | Where |
|---|---|
| Exclusivity clause | Employment contract, collective agreement |
| Non-compete clause (after leaving) | Employment contract |
| Activity competing with the employer | Your company's purpose and your clients |
| Working hours | The combined total must not exceed the maximum working hours if you are also an employee of your company |

## Recommended structure
A SASU whose president is unpaid at the start avoids paying contributions twice; see [company without a salary](/en/reponses/societe-sans-remuneration/).

## Sources
- [Service-public: holding several jobs](https://www.service-public.gouv.fr/particuliers/vosdroits/F1945)