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Old 15.05.2019, 08:21
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Starting a Business while working at a company

Hi all,


I am a Software Engineer and I am developing an application which I see a potantial to sell in Switzerland and some other european countries. But currently I am working as a Software Engineer and do not want to quit.



The reason why I want to have my own company is paying tax. Because without a company, I will not be able to sell my software in switzerland..


My questions are;


1- If I starts a business, do I have to tell it to my current employee? If yes, can them say "no you may not start"?



2- If I sell the product to abroad, how the process works? Is there special things to do?


I am happy you to share some useful information regarding starting own business.



PS: The company will not work as a regular one. To give a bill, I think I need a company. I'll be the only employeer.
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Old 15.05.2019, 09:18
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Re: Starting a Business while working at a company

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Hi all,


I am a Software Engineer and I am developing an application which I see a potantial to sell in Switzerland and some other european countries. But currently I am working as a Software Engineer and do not want to quit.



The reason why I want to have my own company is paying tax. Because without a company, I will not be able to sell my software in switzerland..


My questions are;


1- If I starts a business, do I have to tell it to my current employee? If yes, can them say "no you may not start"?



2- If I sell the product to abroad, how the process works? Is there special things to do?


I am happy you to share some useful information regarding starting own business.



PS: The company will not work as a regular one. To give a bill, I think I need a company. I'll be the only employeer.

1) Normally it will be written in your work contract, if the employer decides it is in conflict to what yo udo now,m yes they can refuse and if you go ahead, they can claim the application is part of the work you do ofr them.......be careful here


2) Not really but if you don't know what you are doing, concentrate on developing the app and get somebody else to handle it for you. Maybe less profit but at least you are sure you'll do it right and this should maximise profit



You don't need a company to issue an invoice but their are tax implications.
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Old 15.05.2019, 09:31
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Re: Starting a Business while working at a company

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1) Normally it will be written in your work contract, if the employer decides it is in conflict to what yo udo now,m yes they can refuse and if you go ahead, they can claim the application is part of the work you do ofr them.......be careful here


2) Not really but if you don't know what you are doing, concentrate on developing the app and get somebody else to handle it for you. Maybe less profit but at least you are sure you'll do it right and this should maximise profit



You don't need a company to issue an invoice but their are tax implications.

Thank you for the reply.



Well in the beginning, I would like to handle it myself but later, I can do what you say.. I'll contact the companies that I see as potential and try to sell..


You said I do not need a company for invoices? so how can I do that? and do you think that it will be the best way? I mean, if you are not a company then customers may not trust you..?
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Old 15.05.2019, 09:53
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Re: Starting a Business while working at a company

Two things you'd need to check out:

- Ownership of your software: What does your employment contract say about such activities

- Permit: Does your permit allow your to establish a business (Only citizens, C permit holders and EU citizens have a right to do so as default)
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Old 15.05.2019, 11:18
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Re: Starting a Business while working at a company

Part of an old contract (which is quite common from what I've seen):
Quote:
Ohne schriftliche Zustimmung der Arbeitgeberin ist es den Mitarbeitenden untersagt,
· für Dritte gegen Entgelt oder unentgeltlich Arbeit zu leisten,
· als Unternehmer auf eigene Rechnung oder auf Rechnung Dritter tätig zu sein,
· Mandate oder Funktionen in Drittorganisationen anzunehmen oder auszuüben,
· eine Lehrtätigkeit zu übernehmen,
· vergleichbare Tätigkeiten auszuüben.


Google translate:


Quote:
Without written consent of the employer is forbidden to employees
· Work paid or unpaid for third parties,
· To work as an entrepreneur for his own account or for the account of third parties,
· Accept or exercise mandates or functions in third-party organizations,
· To take on a teaching position
· To carry out comparable activities.
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Old 15.05.2019, 14:21
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Re: Starting a Business while working at a company

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Two things you'd need to check out:

- Ownership of your software: What does your employment contract say about such activities

- Permit: Does your permit allow your to establish a business (Only citizens, C permit holders and EU citizens have a right to do so as default)


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Part of an old contract (which is quite common from what I've seen):

Google translate:

Thank you for the replies.. The permit is not the problem.. For the employee I think it is fine. Because want I want to sell is not related with my current job and they already know that I am developing something and will distribute it.


As I understand, there is no difficulties here.. and what about without founding a company, can I sell my app? Actually it seems that I'll sell it via appstore and google playstore because its a mobile app.
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Old 15.05.2019, 15:00
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Re: Starting a Business while working at a company

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Thank you for the replies.. The permit is not the problem.. For the employee I think it is fine. Because want I want to sell is not related with my current job and they already know that I am developing something and will distribute it.
I've yet to meet a developer that was not working on some project or other and in 99% of the cases it does not matter much because they will not be successful enough to make it worth their while to come after you. But in the other 1% of the time... if there is a chance they can get a share of the pie and it is a big pie you should not be surprised if they do come looking.

Just because they 'know' something does not make it legal. Follow the formal procedure so you can avoid any issues down the road. And good luck with the app.
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