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Friendly advice re:Bell - Warsaw Szczecin, Gdansk, Bydgoszcz
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simon_porter00



Joined: 09 Nov 2005
Posts: 505
Location: Warsaw, Poland

PostPosted: Thu Jul 12, 2012 5:35 pm    Post subject: Reply with quote

Genuinely don't know what a "scheme of work" or a "PDP" is. Can someone enlighten me?

I'm happy by the fact that you're banging the drum for the full time issue, but you'll never ever win this. Even in the BC you don't get paid for prep hours and yet you're expected to use all the interactive white boards and prep all lessons which inevitably takes 50-70% more time then you're paid for.

If you want to earn money for the exact hours you work (generally speaking) then find one to ones that you can just walk in at the beginning, have a damn good chat and correct language as you go along, using your massive and ready at hand knowledge/material base to deal with grammar issue when and if they arise and then bug out at the end of the hour.

Not everyone likes to do that/can do that/thinks it's a good idea. You certainly won't be able to do this in a school.

The 'let's fight the schools' attitude (which is doomed to failure from the very outset) is similar to the teachers who say "why do teachers in Poland never get together to form a union/body/share students/whatever/" and the answer is that teachers are too bloody lazy to get themselves organised. I was one of the more militant teachers at the BC when I was there and was regularly amazed at other freelancers apathy and laziness.
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Sun Jul 15, 2012 12:41 am    Post subject: Reply with quote

mdm15 wrote:
if you work over 40+ hours a week - which all "full time" teacher do for Bell school then of course you are entitled to be paid ZUS. There is no misinformation here. They use this "terms and conditions of teaching" note that it isnt said to be an employment contract as they will heap demands on teachers and then not have to pay ZUS> they rely on the fact that people are just plain ignorant about the Polish emploment system. Pm me, i have been in contact with lawyers about this.


While you should have been on umowa zlecenia rather than umowa o dzielo, they aren't scamming you in any way. In fact, the beauty of umowa o dzielo is that they have very little control over what you actually do. If you decide to walk out on them - they're not going to take you to court because they wouldn't want their contract put under the legal spotlight.

There's no such thing as being entitled to pay ZUS in Poland. If a lawyer has told you this, then you were given bad advice.

[quote=Simon_porter00]The UoDz is a contract (defined as "contract for work performed") which is used (misused actually, but that's a different story) in - I would guess - 98% of private language schools in Poland. It is not a sales contract, it's a form of employment contract.[/quote]

Profi-lingua, for all their sins, don't use it. I had a discussion with one of their top management about this a while ago, and his opinion was that if the tax offices go after the language schools, there's going to be a hell of a lot of them going bust very quickly under the weight of tax bills.

Quote:
therefore the appropriate contract should be the umowa zlencenia ("contract for services performed") which you pay ZUS and different tax (the tax office loses out on 1/2% if I remember correctly).


Actually - one thing - it's possible not to pay ZUS under such a contract too. I don't know how on earth this actually works, but I've seen a legally binding interpretation from the local tax office that says that this is the case.

Quote:
Your tax office is dictated by where you are registered.


Nope, it isn't. Tax residency is different from the zameldowanie system - I have a different tax office to the one where I live, simply because it's easier to deal with taxation issues in the same place as I work (and also because I have friends in that tax office).

Not well known, but it would be utterly unworkable if everyone had the use the tax office where they were registered.

[quote=ecocks]So, basically, if you have permission to live and work in Poland (thereby avoiding visa troubles) but are doing "some" teaching on the side the UoDz or the envelope is better for you (albeit illegal)?[/quote]

Umowa o dzielo is always better because it's proof of the taxes paid. The tax offices in Poland have the power to estimate your income - so if the school is charging people 90zl for your services and paying you 30zl - they might assume that the school should be paying you more and so you'll get hammered in more ways than one.

[quote=mdm15]Dont get me wrong, i dont expect to have ZUS paid for me if im on a "sales contract" or however it is best to describe a umowa o dzieło. My issue is that teachers are exploited - made to believe its a full time job and so made to feel obliged to meet all the conditions on the contract. if its outside of the hours - dont do it! that is in the nature of the umowa o dzieło. [/quote]

Actually - you're not right here. The whole point of umowa o dzielo is that it is a specific contract for a specific piece of work done. It doesn't matter if the work takes you 10 hours or 40 hours - you have no protection in the law from this.

It's considered in the ESL world that anything from 18 to 24 contact hours is "full time" and that you're expected to do extra stuff if needed. My own contract only has around 12 contact hours (I have it written in my contract that I teach a specific amount of hours a year, rather than per week/month) - but I can't escape the fact that I have a managerial role - and so many hours are "unpaid" on paper. It doesn't matter if I have umowa o prace, umowa zlecenie or umowa o dzielo - it is understood by both sides that the job has to be done.

[quote=Master Shake]I think the 'nature' of an umowa o dzielo is whatever is written in it. If it says you have to teach Saturdays, well then, don't be surprised when Bell get nasty or cancel the contract when you refuse to teach Saturdays. [/quote]

Indeed, the whole point is that you get the money in exchange for a task performed. Don't do the task, don't get the money.

[quote=mdm15]They set the hours then fill it will so many demands that you will inevitably have to work more and you feel like its a full time job.[/quote]

Anyone sane would make sure that these things are listed in the contract. With my contract, I have it specifically listed that I have to do whatever is required by the business, subject to Polish employment law. So - if they want - they can get me to work 40 hours a week, but because of the teaching hours limitation, they can't get me to actually teach any classes. That was all negotiated in order to ensure that I have time to do my managerial side of things free from the distractions of teaching.

Quote:
Once teachers are aware that they dont have to fill out their pointless paperwork (schemes of work anyone?) and do PDPs etc just to keep so called "directors" in a job then everyone will be happy.


They don't have to, but given the nature of umowa o dzielo contracts, they'll just be terminated. However, if the teachers have 20-24 hours a week - they really shouldn't be complaining about actually working closer to 40. To use my example - I work on average for 12 teaching hours a week. It's nothing, but even directly dealing with those 12 hours takes me more like 24. Add in 15 hours of dealing with managerial stuff and you've soon got a full time job.

[quote=simon_porter00]Genuinely don't know what a "scheme of work" or a "PDP" is. Can someone enlighten me? [/quote]

Scheme of work must be some sort of lesson plans, and PDP will be a personal development programme. All entirely fair if the teacher is working there for 24 hours a week, and if it's less - well - the teachers can negotiate!

Quote:
The 'let's fight the schools' attitude (which is doomed to failure from the very outset) is similar to the teachers who say "why do teachers in Poland never get together to form a union/body/share students/whatever/" and the answer is that teachers are too bloody lazy to get themselves organised.


Totally agreed.

When I was freelance, I used to include one point in contracts - late payments immediately result in the termination of the contract unless agreed in writing by me. Used it once to devastating effect - my condition of reinstating the contract was the entire contract paid in advance. But - it was actually a get-out clause for me, I was sick of Monday mornings Wink

Strangely enough, the employer who treated me best was the one who paid me the least. Never quite understood that, but the treatment was certainly worth the lower hourly rate. They also would pay invoices on the spot in cash rather than mucking about with ridiculously long payment dates.
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mdm15



Joined: 20 Jun 2012
Posts: 10
Location: Poland

PostPosted: Mon Jul 16, 2012 10:13 am    Post subject: Reply with quote

Thanks for the above information it does makes sense.

All im saying is that its no harm to just take the power back. Bell school puts alot of demands on teachers and I wonder why new teachers dont negotiate terms. If I had a umowa o dzieło to have bartek build me a wall, I would say "when do you think you could have this all done then B?" he would then say "maybe 50 hours for 1000 zlotes". he is the one that has to build the wall so he should at least have some say.

In Bell world what they do is say "hey, check out this fulltime employment contract - just like all the others isnt it? If you dont like the terms then piss off."

If they simply EXPLAINED to people what exactly the type of contract it is then people would feel more empowered to take control.

And by the way - schools not explaining the above are acting against the law.

Any views on why no one ever gets a PIT form on time, or in bell's case never? another breach of law.

This is all just typical of migrants being taking advantage of in systems they dont fully understand. Makes me a little sick to see this school acting as one of the most respected schools around, whilst also breaking multiple laws.
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scottie1113



Joined: 25 Oct 2004
Posts: 375
Location: Gdansk

PostPosted: Mon Jul 16, 2012 10:47 am    Post subject: Reply with quote

[quote="mdm15"]

Any views on why no one ever gets a PIT form on time, or in bell's case never? another breach of law.

I've gotten my PIT on time every year for five years and you know that I work at Bell Gdansk. I can't speak about any other schools but this does surprise me.

Off topic. I enjoy split shifts, as I've been a morning person all my life. After classes in the the am, I have plenty of free time to run errands, take a nap or whatever.

PDP's have made me a better teacher. They make me think about what I want to improve in the next year and I think they've helped me a lot. They're my goals, not the school's. Schemes of work are a PITA. They're a plan for the whole year and, as we all know, things change. Nobody looks at them once they're completed but you can always use one from a previous years, assuming you're using the same coursebook.
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mdm15



Joined: 20 Jun 2012
Posts: 10
Location: Poland

PostPosted: Mon Jul 16, 2012 11:27 am    Post subject: Reply with quote

[/quote mdm15]Dont get me wrong, i dont expect to have ZUS paid for me if im on a "sales contract" or however it is best to describe a umowa o dzieło. My issue is that teachers are exploited - made to believe its a full time job and so made to feel obliged to meet all the conditions on the contract. if its outside of the hours - dont do it! that is in the nature of the umowa o dzieło.

[/quote delphian-domine]Actually - you're not right here. The whole point of umowa o dzielo is that it is a specific contract for a specific piece of work done. It doesn't matter if the work takes you 10 hours or 40 hours - you have no protection in the law from this.

delphian-domine I think you may have been confused by what I mean. My contract stated 680 for 9 months plus 10 hours a week on site. This means that everything has to be done in 10 hours to prepare for my teaching?? If this is the case then i can leave once those 10 hours are up for extra work which is not teaching. i dont have to work 40 + hours a week.

scottie for sure PDPs are very useful, but just as the above explains, only if its in my prep hours. re the tax, like I and i think someone else said on here, no one was given NIPs and I had to hassle my useless director of school for a PIT - no one else was given one. Maybe Gdansk is different.
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Mon Jul 16, 2012 12:03 pm    Post subject: Reply with quote

mdm15 wrote:
delphian-domine I think you may have been confused by what I mean. My contract stated 680 for 9 months plus 10 hours a week on site. This means that everything has to be done in 10 hours to prepare for my teaching?? If this is the case then i can leave once those 10 hours are up for extra work which is not teaching. i dont have to work 40 + hours a week.


Well, if it's in the contract, sure - there's nothing they can do to keep you longer. Even the 10 hours on site a week is very iffy in my book - did you actually spend that much every week in work?

Quote:
re the tax, like I and i think someone else said on here, no one was given NIPs and I had to hassle my useless director of school for a PIT - no one else was given one. Maybe Gdansk is different.


You don't get given one - either you get a PESEL (which is now the personal tax identification number), or you go to the tax office and get one yourself.

As for not getting a PIT - that's very dodgy.

Quote:
In Bell world what they do is say "hey, check out this fulltime employment contract - just like all the others isnt it? If you dont like the terms then piss off."


But that's what most people do when the power is in their favour. I was going through the recruitment process for a new teacher recently - because it was a nice offer, it was take it or leave it. I had no interest in negotiating terms - simply because we could attract a good teacher without needing to negotiate.

It works both ways - I negotiated once nearly 100zl an hour, simply because I was the only native in the school who had a car and could drive to a client that was located in a very awkward location (not far, but no public transport). They were desperate, they were charging 100zl/hour - and I took 95zl of that.

It's not Bell's job to explain contracts to people - that's what legal advisors are for.

Quote:
And by the way - schools not explaining the above are acting against the law.


I'm pretty familiar with Polish employment law, and there is no obligation for the employer to explain the different types of contracts available in Poland. Polish people are familiar with the differences, after all.

All this stuff about "taking advantage of foreigners" - there's a wealth of information online about contracts and so on.
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scottie1113



Joined: 25 Oct 2004
Posts: 375
Location: Gdansk

PostPosted: Mon Jul 16, 2012 1:05 pm    Post subject: Reply with quote

[quote="mdm15"][/quote mdm15 My issue is that teachers are exploited

How many times have I heard this? Lots, and usually from young teachers who have no other work experience before teaching. It really doesn't merit any further comment.


My contract stated 680 for 9 months plus 10 hours a week on site.

As does mine. Preparing lessons takes far more than 10 hours a week. It's called professionalism and it's part of the job. I prefer to prepare at school rather than at home and I don't view this as an inconvenience at all. I enjoy the work ethic and the atmosphere in the teachers room- the camaraderie, the exchange of ideas and the opportunity to practice my still limited Polish.

Maybe Gdansk is different.

Obviously it is and I'm very happy here.

mdm15, where did you work? I'm not being contentious here nor trying to refute anything you've said. I just have a hard time trying to compare your experiences with mine.
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Master Shake



Joined: 03 Nov 2006
Posts: 1202
Location: Colorado, USA

PostPosted: Mon Jul 16, 2012 4:24 pm    Post subject: Reply with quote

mdm15 wrote:
Dont get me wrong, i dont expect to have ZUS paid for me if im on a "sales contract" or however it is best to describe a umowa o dzieło. My issue is that teachers are exploited - made to believe its a full time job and so made to feel obliged to meet all the conditions on the contract. if its outside of the hours - dont do it! that is in the nature of the umowa o dzieło.

Oh man, you're really missing the point here and have been since the beginning.

Let me take another stab at explaining it:

It boils down to this: If your contract with Bell says you complete schemes of work and PDP's, then you do it. If you do not, you are in violation of the contract and can be terminated at Bell's discretion.

Forget if the work falls outside your 680 contract teaching hours or 10 on-site hours. You should take these hours as the bare minimum you are required to be at school, period.

As for Bell 'taking advantage of new teachers' this is complete BS as everything is clearly stated in the contract.

If they were trying to make you do loads of stuff that was never mentioned in the contract, then I'd say you have a valid reason not to do it, but that isn't the case now, is it?

All that aside, it just so happens that I know teacher or two who work for Bell and never completed schemes of work, and yet they still work there. So in reality, there is definitely some wiggle room with the contract when in comes to admin tasks.

Given their recent financial troubles, Bell are probably more concerned right now with retaining clients than forcing teachers to complete admin tasks but you never know how the cookie will crumble when it comes time to renew contracts next semester...
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Tue Jul 17, 2012 6:15 pm    Post subject: Reply with quote

Master Shake wrote:
Forget if the work falls outside your 680 contract teaching hours or 10 on-site hours. You should take these hours as the bare minimum you are required to be at school, period.


Indeed, a full time contract does mean full time. I don't work weekends, yet sometimes, I have to do stuff on weekends. Then there are days when I get paid to sit in the cinema. It all evens out Smile
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Master Shake



Joined: 03 Nov 2006
Posts: 1202
Location: Colorado, USA

PostPosted: Sun May 19, 2013 9:38 am    Post subject: Bell Warsaw Update Reply with quote

Due to 'cash flow problems' Bell Warsaw are now paying two months in arrears. So you would, in theory, get paid in July for work done in May.

However, I've spoken to teachers who say Bell isn't even making good on this promise now. There are also teachers who have yet to be paid for work done in summer 2012.

You've been warned.
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simon_porter00



Joined: 09 Nov 2005
Posts: 505
Location: Warsaw, Poland

PostPosted: Sun May 19, 2013 6:15 pm    Post subject: Reply with quote

I know you're pally with the teachers at Bell, I've met them on a few occasions and they seem like a good bunch. Why haven't they made the jump to the BC?
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Master Shake



Joined: 03 Nov 2006
Posts: 1202
Location: Colorado, USA

PostPosted: Sun May 19, 2013 9:39 pm    Post subject: Reply with quote

simon_porter00 wrote:
I know you're pally with the teachers at Bell, I've met them on a few occasions and they seem like a good bunch. Why haven't they made the jump to the BC?
Most of them already have. The few that remain either 1) don't have enough experience to get a job at BC yet 2) still teach a few hours at Bell just because they like the school and students there 3) are currently looking for a school which pays on time - it's not easy to pick a lot of hours mid-semester.
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delphian-domine



Joined: 11 Mar 2011
Posts: 674

PostPosted: Tue May 21, 2013 3:04 pm    Post subject: Re: Bell Warsaw Update Reply with quote

Master Shake wrote:
Due to 'cash flow problems' Bell Warsaw are now paying two months in arrears. So you would, in theory, get paid in July for work done in May.

However, I've spoken to teachers who say Bell isn't even making good on this promise now. There are also teachers who have yet to be paid for work done in summer 2012.

You've been warned.


In reality, two months in arrears means three months if you want to take them to court, so they must really have some severe problems.

Could the bloodbath in language school chains be about to start? I know several schools that are really only staying afloat because of kids classes. It wouldn't surprise me if many schools close this summer, especially in the centre of cities with expensive rents.
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dragonpiwo



Joined: 04 Mar 2013
Posts: 1650
Location: Berlin

PostPosted: Wed May 22, 2013 9:55 am    Post subject: erm Reply with quote

A wise soul Wink predicted 'the end of the road for ELT Poland' some years ago I believe.
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simon_porter00



Joined: 09 Nov 2005
Posts: 505
Location: Warsaw, Poland

PostPosted: Wed May 22, 2013 10:35 am    Post subject: Reply with quote

nowhere near the end of the road for ELT in Poland and won't be for another 20 odd years. Some schools closing because their owners followed stupid business models does not necessarily mean that there's a deficit in demand.

As was pointed out the kids market will be huge - read HUGE - for the next 10-15 years. This is why the BC are going hell for leather down this road and spreading out on these lines across Poland with affiliates/other partnership or combinations.

What is dead is the "let's bang a school in the middle of town, pay an expensive rent, expect our classes to be full and make s**t loads of money" approach.
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