Legal Advice: Freelance teacher often disadvantaged
Teachers still work as freelancers in various sectors of education. Schools sometimes pay the self-employed a higher hourly rate, but compliance with the agreements in the collective labor agreement is usually more expensive for employers, says AObpolicy advisor Anissa Khattabi. Ten disadvantages of working as a self-employed person.
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Self-employed persons are not entitled to the binding allowance: the annual extra payment of 770 to 1500 euros for employees who reach the maximum of their salary scale. Nor can they claim a year-end bonus or thirteenth month.
Allowance
Education collective labor agreements have a contribution towards medical expenses, training facilities and a professionalization budget. Anyone who is not covered by the CLA is not entitled to this. The same applies to the minimum number of 40 to 170 hours (in the case of older employees) for sustainable employability: time that teachers covered by the collective labor agreement use to remain in front of the classroom for a long and healthy time.
The starting point is a permanent contract and temporary contracts must be an exceptional exception according to the CLA. The continued payment in the event of illness - if at all - is less well organized for self-employed persons, both in terms of amount and duration. The collective labor agreement stipulates that employees will continue to be paid their wages from their first day of illness, even though employers are legally entitled not to do so for the first two working days. The collective labor agreement also stipulates that in the first year 100 percent of the wages will continue to be paid instead of the legally required 70 percent.
Unemployment
Self-employed workers cannot claim the amount and duration of any unemployment benefit provided for in the CLA either. And finally: they are not entitled to the wage supplement scheme laid down in the collective labor agreement: compensation of any lower salary and retention of unemployment benefit rights for teachers who start with a new employer after dismissal.
