Can a public official combine his employment with a private activity?

Volunteering

You can freely carry out a voluntary activity for the benefit of a public body or a private non-profit organization.

However, your activity must not affect the ethical principles of the public service.

Artistic creations

You can freely exercise an artistic or creative activity.

You can freely create the following works:

• Books, brochures and other literary, artistic and scientific writings
• Lectures, speeches, sermons, pleadings and other similar works
• Dramatic or dramatic-musical works
• Choreographic works, circus numbers and tricks, pantomimes whose implementation is fixed in writing or otherwise
• Musical compositions with or without words
• Cinematographic works and other works consisting of animated sequences of images, whether or not with sound, referred to as audiovisual works
• Works of drawing, painting, architecture, sculpture, engraving, lithography
• Graphic and typographic works
• Photographic works and works made using techniques similar to photography
• Works of applied arts
• Illustrations, maps
• Plastic plans, sketches and works relating to geography, topography, architecture and science
• Software, including preparatory design hardware
• Creations of seasonal industries of clothing and adornment.

Like any artist, you must respect the rules on copyright.

Counting agent, "harvest" contract, volunteer condominium trustee

You can freely exercise the enumerator duties during the population census surveys carried out by the municipalities on behalf of theInsee: titleContent.

You can freely conclude, during your annual leave, a contract to participate in the harvest of a maximum duration of one month, renewable up to a maximum of 2 months over a period of 12 months.

You can freely exercise the volunteer trustee of the condominium in which you yourself are the owner.

Activities that may be authorized

You may be authorized to do one or more of the following:

• Associate Teacher part-time in certain higher education institutions to provide a teaching and research service equal to half that of staff in the corresponding category
• Expertise and consultation : this expertise or consultation is not limited to your area of professional competence or the nature of the tasks you currently perform in the administration. However, you are prohibited from consulting, conducting expert opinions or litigating in disputes involving a public person, before a French, foreign or international jurisdiction, unless this service is performed for the benefit of a public person not in the competitive sector. This activity may be carried out under the status of micro-entrepreneur.
• Education and training : the teaching or training may relate to a subject or field that is not necessarily related to your main activity. This activity may be carried out under the status of micro-entrepreneur.
• Activity of a sporting or cultural nature, including coaching and animation in the fields of sport, culture or popular education. This includes the following activities: sports coach, dance teacher, tour guide, hiking guide, animator of aerated centers or holiday camps, etc. This activity can be exercised under the status of micro-entrepreneur.
• Agricultural activity on a holding, whether or not constituted as a business. If the holding is incorporated as a business, you must not act as a manager, chief executive officer or member of the board of directors unless it concerns the management of your personal and family assets. This activity may be carried out under the status of micro-entrepreneur.
• Activity as a collaborating partner within a company artisanal, commercial or liberal: the spouse of the head of a commercial, artisanal or liberal company is considered to be a collaborating spouse if he carries out a regular professional activity in the company without receiving remuneration and without having the status of partner. This activity may be carried out under the status of micro-entrepreneur.
• Home help to one ascending, one descendant, to your spouse, your Civil partnerships: titleContent or your cohabiting partner allowing you to collect, possibly in exchange for the aid that you bring, the corresponding allocations (Apa, FCH). This activity may be carried out under the status of micro-entrepreneur.
• Small-scale work carried out at private homes : this includes household and family tasks and small gardening work, including brush clearing on small areas. This activity may be carried out under the status of micro-entrepreneur.
• Activity of general interest practiced with a public person or with a private non-profit person (association, foundation, association contributing to the public service). In the case of an activity with a public person, it cannot be a matter of filling a vacant job, including a job that is not full-time or incomplete, regardless of the working time. This activity may be carried out under the status of micro-entrepreneur.
• International Cooperation Public Interest Mission or bodies of general interest of an international character or a foreigner State. This activity may be carried out under the status of micro-entrepreneur.
• Services to the person (childcare, assistance to the elderly, disabled or other persons who need personal assistance at home or mobility assistance, household or family tasks to persons at home). This activity must mandatory be exercised under the status of micro-entrepreneur.
• Sale of goods produced personally : this activity must be carried out under the status of micro-entrepreneur.

Procedure to obtain authorization

Before you start your business, you must send your line authority a written request which includes at least the following information:

• Identity of the employer or nature of the organization on whose behalf you intend to carry out your ancillary activity
• Nature, duration, periodicity and conditions of remuneration of this activity.

You can accompany your request with any other useful information.

Your hierarchical authority acknowledges receipt of your request. If it considers that it does not have all the information to answer your request, it invites you to complete it in a maximum 15 days from the receipt of his request.

Your hierarchical authority sends you its decision within one month of receiving your request.

If your employer administration has asked you for additional information, this response period is extended to 2 months.

If you do not make a written decision within the time limit, your request for authorization will be considered refused.

The decision of your hierarchical authority may include reservations and recommendations aimed at ensuring compliance with your ethical obligations and the normal functioning of the service.

The decision states that ancillary activity can only be performed outside of your hours of service.

Your hierarchical authority may refuse your request for cumulation of activities or object to your continuing to carry out your ancillary activity for the following reasons:

• The interest of the service justifies it
• The information you provided during your request is inaccurate
• This accumulation of activities is incompatible with your duties given your ethical obligations.

Any substantial change in the conditions for the exercise or remuneration of your ancillary activity is treated as a new activity and must be the subject of a new application for authorization.

Activity of an executive of a business or a for-profit association

If you are admitted to a competition access to the public service and if you were previously director of a business or for-profit association, you may continue to act as an officer for 1 year, renewable once, from your recruitment into the public service.

This also applies if you are recruited as a contractor in the public service.

You must present a written declaration to your line authority as soon as you are appointed as a probationary official or before your contract is signed.

Your statement mentions the form and purpose of the company or association, its sector and its branch of activity.

The pursuit of this executive activity must be consistent with your service obligations.

It shall not affect the normal functioning, independence, neutrality of the service or the ethical principles.

This activity should not put you in a situation of conflict of interest.

Accumulation of a non-full-time or incomplete job and a private activity

If you occupy a permanent non-full-time or incomplete employment of which the working time is less than or equal to 24 hours 30 per week, you may exercise one (or more) other paid professional activity in the private sector.

This other activity must be consistent with your service obligations in the public service and your duties.

Your employer administration must inform you of this possibility.

Before you start your business, you must submit a written declaration to your hierarchical authority.

This statement shall state the nature of the private activity or activities envisaged and, where appropriate, the shape and corporate purpose of the company, its sector and its branch of activity.

Check with your HRD to find out if they have a reporting template in place.

If you have multiple non-full-time or incomplete jobs in different employer jurisdictions, you must inform each jurisdiction of your other jobs.

Part-time transition

If you have a full-time job, you can apply to work part-time to set up or take over a company and carry out a private activity remunerated under that company.

Part-time work is mandatory to create or resume a company.

Part-time may not be less than half-time.

Information of the employer administration

You must apply for part-time work before the start of your activity entrepreneurial.

Your application package must include the following documents:

• Letter expressing your wish to benefit from a part-time to create or resume a company
• Description of the proposed project containing all the useful and detailed information enabling your employer administration to study your application
• Statuses or draft statuses of the company you want to create or take over
• Copy of your contract of employment if you are a contractor.

If your line authority does not feel it has all the information allowing her to make her decision, she invites you to complete your request in a maximum 15 days following receipt of your request.

Issuance of the authorization of the employer's administration

Examination of the application

Your line authority shall examine whether the activity you intend to carry out may jeopardize or jeopardize the normal functioning, independence or neutrality of the service.

Your line authority also ensures that the activity you are considering does not affect the ethical principles of the public service and does not place you in a situation of conflicts of interest.

The decision of the hierarchical authority may include reservations aimed at ensuring compliance with ethical obligations and the normal functioning of the service.

Response of the administration

Your hierarchical authority communicates its decision within 2 months of receipt of your request.

You are granted permission to work part-time, subject to service requirements, for a maximum duration of 3 years.

The authorization to work part-time begins from the date of creation or resumption of the company.

At the end of the 3 years, you can request the renewal your authorization to work part-time for a maximum duration of one year your authorization to work part-time.

You must submit your renewal application at least 1 month before the end of the initial 3-year period.

The lack of response from your line authority within 2 months following receipt of your request is worth denial.

Opinion of the Ethics Officer

If your hierarchical authority has a serious doubt on the compatibility of your project to create or resume a company with the functions that you have exercised in the previous 3 years your request for part-time work, she enters the ethics referent for notices.

The fact that the ethics officer is seized does not extend the period of 2 months within which your hierarchical authority must respond to your request for part-time work.

Consultation of the High Authority for Transparency in Public Life (HATVP)

When the opinion of the ethics referent does not remove the doubt, your line authority enters for notices the High Authority for Transparency in Public Life (HATVP).

The fact that the HATVP is seized extends the period of 2 months within which your hierarchical authority must respond to your request for part-time work.

The HATVP may ask you and your employer administration for any information or documents necessary for the review of your project.

The HATVP may also collect from public and private persons any necessary information.

It may hear or consult any person whose contribution it considers useful.

The HATVP issues an opinion compatibility or compatibility with reservations (for a maximum of 3 years) orincompatibility.

The HATVP issues its opinion within 2 months following its referral. THElack of notice within this period of 2 months is valid notice of compatibility.

A notice of compatibility with reservations or incompatibility is required for you and your employer administration.

Your hierarchical authority makes its decision within 15 days of receipt of the HATVP's opinion or at most 2 months after the referral to the HATVP in the absence of the HATVP's opinion within 2 months of its referral.