Job Discussion Forums

[TheLongWayHome]

This type of contract seems to abound in Mexico. Usually you get paid just the hours you work, sometimes you pay tax, though unregistered--wonder where it goes. Sometimes you don't pay tax and you're given a cheque to cash. You don't usually get any benefits either. These contracts annoy me as schools come out with stuff like:

Meetings and preparation are included in the hourly rate. Ha ha.

If you want to take a holiday, you need to plan your classes for the sub teacher for however long your vacation is--wait a second--I'm a freelance teacher who doesn't get paid holidays, why on earth would I want to plan 2 weeks of classes for nothing? The school still gets pissy though!

If you want to leave we need 2 months notice at least. Wait, I'm a freelance teacher! If I can work I'll tell you, if I can't that's your problem not mine--school still gets pissy.

You cannot teach private students. Wait, not even as a freelance
teacher?

You cannot teach in any other school. Wait, I'm freelance.

And it goes on... is it my imagination or are schools taking the p�ss? Or do I not understand the nature of a freelance contract?

[Guy Courchesne]

We see a lot of this in DF, especially in the company EFL class circuit. It usually works out in favor of the teacher overall though, particularly tax wise and the higher rates of pay (is it transvali that's getting up 500 pesos per hour?)

I think the word freelance isn't the best choice of words. That seems to imply private classes, with no school playing a part in it. If the school is dishing out the hours to you, but you aren't 'on staff' (so to speak), you should be considered a contractor. If the school sets rules and you accept them as a contractor, then that would be your contract. Ever tried negotiating them?

Now, you could do it legally, meaning you get the independent FM3 and you handle most of your own taxes. I could explain this further if someone wants to know how. If you're doing it without n FM3, I suppose getting paid in cash or cheque, then neither you nor the school is working from a legal position, so again, negotiation is fine. Honor among thieves maybe would be the expression.

From experience...

Contractors and schools, to their mutual benefit, would need to plan out a schedule well in advance. If you can't provide your service to the school for a particular period, then you should inform them in advance, no? They would need to seek out another contractor to fill the classes they have.

Giving notice before ending work as a contractor...pretty standard in any type of work service agreement. No legal standing of course if you have no FM3, but if you did, and the contract you agreed to in providing the service explicitly states it, then if you breach the contract, you're liable for the school's losses. I've never heard of that happening, but then again, most people I've seen with this sort of contractor relationship aren't doing it legally, so nobody can really sue anybody.

Not teaching private students...I guess that depends on what you agree to. If that means no poaching from the school's student body or company roster, then there's no difference there between this and any other service industry. If it means you can't teach anywhere else at all, then there's a big red flag saying you should avoid this completely.

Again, legal or not? That is the first question. The second is, can you negotiate?