# can i having my own company while work for some other company?



## samfranky

Hello,

This is my first post. I have a small question. Is it possible to own a small scale sole owner IT business (which I'm hoping to do when I'm free) under my name while I work for a different reputed IT company?

Is it against the Australian company low? and if my current employer get to know about it later will they be able to file a case on myself? No I'm not targeting the same clients or neither competing with same products of my existing company.


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## Wanderer

samfranky said:


> Hello,
> 
> This is my first post. I have a small question. Is it possible to own a small scale sole owner IT business (which I'm hoping to do when I'm free) under my name while I work for a different reputed IT company?
> 
> Is it against the Australian company low? and if my current employer get to know about it later will they be able to file a case on myself? No I'm not targeting the same clients or neither competing with same products of my existing company.


I'd doubt that there is anything in Australian Company Law that prevents you from having a sole proprietor business and you'll just need to do the usual things like register with appropriate authorities, ASC , the ATO re Taxation No. and an ABN if required.
You may find that whatever state you're in will have a state governement department covering small businesses too, more for assistance and a nominal small registration fee if applicable.

As for what your employer may think/do, that'll be up to them but if you keep it totally separate from your employment and are not spending their time on it you should be OK.
If it is a line of business that could compliment what they're doing, they might even be interested more on a positive note and perhaps there could be something in it for you in regard to whether they wanted to expand into that area.


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## SilverSurfer

I think as long there is no conflict of interest, most country allows you to take up a job and opening a company at the other side.


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## Barbaragabogrecan

No, it’s not possible that doing work for a company and side by side for your own company. It’s rule for every employee. But you can do savings for your business and do all the formalities related to that. After when you are able to start your own business then you can just resign.


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## Wanderer

Barbaragabogrecan said:


> No, it's not possible that doing work for a company and side by side for your own company. It's rule for every employee. But you can do savings for your business and do all the formalities related to that. After when you are able to start your own business then you can just resign.


And where do you get that impression from for many people do work at more than one job and having a second job could be running your own business.
There is no law against having more than one job.


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## I_Love_australia

It depends on your appointment terms with your current employer. Many companies explicitly mention while you are engaged with them you can not do any profit making business or job. 

Unless you are a freelancer, you can not take up other jobs or business while being employed with an IT company. so go through your offer letter thoroughly then you can give a thought. 

Thanks


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## Wanderer

I_Love_australia said:


> It depends on your appointment terms with your current employer. Many companies explicitly mention while you are engaged with them you can not do any profit making business or job.
> 
> Unless you are a freelancer, you can not take up other jobs or business while being employed with an IT company. so go through your offer letter thoroughly then you can give a thought.
> 
> Thanks


I kind of covered that earlier and your generalisation


> Unless you are a freelancer, you can not take up other jobs or business while being employed with an IT company.


 undermines your opening line.

It will certainly depend on your conditions of employment with an employer but there is no law against a person doing their own thing outside of employment, be it with an IT company or not.

As I've also said earlier what conditions your employer has is going to very much be dependent on how they view other work activities of employees.

Obviously if you are working in a high tech area of IT, an employer will likely have restrictions on what they want you to be doing elsewhere and in fact for anything that is patented, that does place restrictions by law on the product/process/technology patented.


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## Dexter

> No, it's not possible that doing work for a company and side by side for your own company. It's rule for every employee


Not true... Depends on your employer. However, since practically nobody can prevent you from having a second job, nobody can stop you from doing some extra money onsite providing you are not acting against your company business.


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## jserawat2011

samfranky said:


> Hello,
> 
> This is my first post. I have a small question. Is it possible to own a small scale sole owner IT business (which I'm hoping to do when I'm free) under my name while I work for a different reputed IT company?
> 
> Is it against the Australian company low? and if my current employer get to know about it later will they be able to file a case on myself? No I'm not targeting the same clients or neither competing with same products of my existing company.


At the begining I think that you can keep your job, but once your business increase you will have to give much more attention to it and you will have meny more things to do in order to have a profitable business. Then it will be more and more harder to keep your job.


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## smith360

I think it better if you just resign to the company you work for before you set up your business that will be called by your name.


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## smith360

You are not permitted to accumulate more than a total of 90 days of unemployment for the entire period of 12 months of OPT. . .


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## donaldchina

I think it is impossible to be a worker while having a company.


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## HeverLeger

i agree with smith360


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## Jose Marc

samfranky said:


> Hello,
> 
> This is my first post. I have a small question. Is it possible to own a small scale sole owner IT business (which I'm hoping to do when I'm free) under my name while I work for a different reputed IT company?
> 
> Is it against the Australian company low? and if my current employer get to know about it later will they be able to file a case on myself? No I'm not targeting the same clients or neither competing with same products of my existing company.


you need to look at your employment contract with the reputed IT company if it disallows undertaking any other occupation which is related to or in direct competition with the employer. this is often contained in a non-compete clause of employment contracts.

i hope this helps.


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## pencilpusher

Agreed... If there will be no business conflict, think it will be fine. Being both jobs on the same field will create some kind of clash. Hope it does not come down to it. Good Luck...best be with you

thanks

Sell Without an Agent | Sell Your Own Home | Sell Your House Privately


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