My daughter is set up as AE she now has a job offer in a Montessori school and is a qualified Nanny with Diploma etc , the school have told her they cannot offer a contract but that she must be AE set up as an English Teacher, in fact the children are 18 months to 4 years old so she will just speak to them in English on walks etc nothing more that not classes as such … What is the name of the second arm that she needs to be added under and obviously she is not a Tutor and does not want to do the course at the CDM as she is already set up for something else. Then we have to get her own Insurance in the school as well but her Diploma should be enough for that I think, they say that everyone does this? any thoughts please
Initial reaction is that the school shouldn’t be asking her to do this. A job offer is a job offer and should come with a contract. Passing work off as self-employment when in reality there exists an employer/employee relationship is known as “salariat déguisé” and there are penalties. However it all depends on exactly what the work involves, the level of supervision, the worker’s level of independence (fixing their own fees, choosing their own working hours and deadlines, working at their own premises using their own equipment etc).
I suggest you read up about salariat déguisé, there is plenty of info about it online eg https://www.portail-autoentrepreneur.fr/actualites/salariat-deguise-auto-entrepreneur , and then decide what to do.
France is very invested in workers rights and the view it takes is basically that if an organisation can’t afford to meet their legal responsibilities as an employer, they shouldn’t be employing anyone. Especially if a lot of working hours per week are involved, the employer can pull the plug from one day to the next and the worker i left with no income, no redundancy and no unemployment benefit. It’s exactly this “gig economy” precarity that French employment law is designed to eliminate. Still it’s hard to protect people from themselves, the law can stop employers from exploiting employees but it’s harder to stop employees from exploiting themselves, but do get your daughter to think about it hard before she goes ahead. Of course I might have got the wrong end of the stick but “job offer” was how you described it.
If she does go ahead, I expect the school will tell her what activity code “everyone else” uses if she asks. Once she knows the activity code it’s easy to add a second activity, there’s an online form to be filled in.
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Thank you Anna, I was a little concerned by this but she told me she cant afford contracts for staff and all the workers are the same, they all supply a Siret Number and get there own insurance. Her last job was 30 hours a week under contract but only for 4 months, we have decided not to get dole money its too much of a performance. I personally would have thought the same for a school but its not the 1st time that I have heard it either it happened in another Nursery as well . Basically you get no rights, no set hours flexi job take it or leave although her salary by the hour is set at the min
Well it’s up to your daughter. It’s the employer not the worker who would get prosecuted if anyone does.
Paying workers minimum wage, out of which they have to pay their own cotisations and expenses, is disgraceful behaviour, and by a school too. It is exploitation, it is illegal, and ethically speaking it’s not a practice that should be encouraged IMHO. The more desperate workers accept it, the more businesses will continue to do it and the more damage it does to the employment market. Big thumbs down from me.
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Thank you Anna, that sounds awful yes she would be paying 22% tax etc on her salary seems very unfair, how does it work for a private Nanny then with a family do you happen to know ?
I’m sorry Sue, I can’t help with that. I’ve been an auto/microentrepreneur since the scheme started and I’ve followed the issues that have arisen in connection with that quite closely, but I’m afraid I don’t know anything at all about nannies.