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Can you set up a company while staying in employment?

Yes, unless a valid exclusivity clause applies, and provided you respect your duty of loyalty: no activity that competes with your employer.
By Razvan Toma · Founder

Last updated 22 October 2026Sources cited in the text

TL;DR

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. Service-public

What to check

PointWhere
Exclusivity clauseEmployment contract, collective agreement
Non-compete clause (after leaving)Employment contract
Activity competing with the employerYour company's purpose and your clients
Working hoursThe combined total must not exceed the maximum working hours if you are also an employee of your company

A SASU whose president is unpaid at the start avoids paying contributions twice; see company without a salary.

Written by Razvan Toma, founder of LegalRapide. How we check our figures · LinkedIn

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