The status of the civil servant is quite specific. Indeed, civil service workers are constrained by a rigid framework, particularly around the creation and acquisition of a business. Combining a position in the Civil Service and setting up a business requires time, preparation and above all obtaining the necessary authorizations.
How, then, to create or acquire a company with civil servant status? Is a combination of the two functions possible? Explanations.
Creation and acquisition of a business as a civil servant: requesting a part-time service authorization
First of all, you should know that a person with civil servant status, logically, cannot hire or create a full-time business, because he is already in office.
However, he can fully adapt his service time to devote himself to the creation or acquisition of a company. A combination of the two activities is therefore possible. Either he works outside of his working hours, or he seeks a part-time service authorization. This period is for two years, renewable for one year.
For this, the civil servant must send a request to his hierarchy:
- The hierarchy will submit the request to the ethics committee,
- The ethics committee examines the compatibility of the plan to create and acquire a company with public functions held by the worker,
- Then, the commission gives its opinion to the administrative authority within 2 months after its referral.
Civil servants who are already part-time may perform a secondary activity in the context of creating or acquiring a business, provided they comply with the authorized activities.
Creating or taking over a business: possible activities for a civil servant
When evaluating the compatibility of the plan to create or acquire a business by the Ethics Committee, experts ensure that the entrepreneurial activity desired by the civil servant is compatible with the Civil Service.
- The activity surrounds the concept of “creative work”, meaning the creation resulting from an intellectual or artistic activity: in this case, the civil servant can freely use his secondary activity. It is a combination of his status as a civil servant and as an auto-entrepreneur, for example.
- The activity is considered “on an ancillary basis” authorized by the decree. Here, the public service exercises the right to review the activity desired by the civil servant because his secondary activity must have no impact on his primary duties. The authorized job categories are as follows:
- Activities of human services carried out under the micro-entrepreneur (self-employed) regime,
- Sale of goods produced by the agent under the micro-entrepreneur (self-employed) regime,
- Expert or consultations in a private structure (unless the service is performed against a public person),
- teaching and training,
- Activity of a sporting or cultural nature, including administration and animation in the fields of sport, culture, or popular education,
- Work of little importance to private individuals,
- Agricultural activity in an unincorporated agricultural holding or incorporated as a civil or commercial company,
- Activity of the cooperating spouse (Pacs spouse or partner) in a craft, commercial or liberal company,
- Domestic assistance to a parent, a descendant, spouse, partner or PACS partner,
- Activity of general interest to a public or private non-profit person,
- Public interest mission of international cooperation or with international organizations of general interest or with a foreign State, for a limited period.
Lay-off: full-time for the creation and acquisition of a business
If the project of creating or taking over a business requires a lot of time for the civil servant, a layoff is possible.
This is a suitable solution when the civil servant wants to test his project without losing the advantage of being part of the civil service.
A layoff consists of ceasing his main activity to take leave, for a maximum period of two years. During this period, the civil servant does not receive any salary.
To claim dismissal, the civil servant must request his administrative authority and respect the maximum notice period of three months.
Create or take over your business as a civil servant: the usual steps
Once the authorizations of the administrative authorities to which the civil servant depends are obtained, the self-employed worker can create or take over a business like any other person.
So, he must declare the start of his activity, choose the system and legal form of his business, choose a domiciliation address, register it, publish a legal notice in an authorized newspaper if the type of business requires it, building social capital, drafting articles of association, etc. He must meet certain deadlines to ensure that he can properly establish his business.
As a civil servant, it is therefore entirely possible to launch or continue an activity. However, it is advisable to make a request to the competent administrative authorities and choose the adaptation of his service time. Subsequently, the steps to be taken are common to all business creators or buyers.
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