Hopefully it’s okay for me to reprint this editorial in full (and in the classic self-deluding style of a habitual blogging copyright breaker I am going to take the fact that they haven’t disabled the copy function on the online version as some kind of permission), because not only can I think of no way to say what it says better, I can possibly find nothing else to say on the matter ever:
“In this issue of the Gazette we have a number of stories featuring global giants in possible trouble over employment law. We have language schools operating in the UK and owned by an American media giant (page 1). We have a UK-based company owned by a multinational founded in Sweden recruiting for schools from Russia to Indonesia (page 3).
The English-teaching world is becoming increasingly corporatised, globalised and – to judge by the contents of the anonymous envelopes sent into the Gazette’s offices by desperate teachers – staggeringly ignorant of the basics of employment law. So here are a few handy hints for employers:
RULE ONE: You are the employer. That means it is your job to know employment law.
RULE TWO: You need to know the law in all the countries in which you operate. Here is a pointer for school franchisors. If you are recruiting for a franchisee you may well in effect be operating as an employment agency. So your contracts need to comply not only with the law in the country of employment, but also with the legislation where the office doing the recruitment is located.
RULE THREE: There are certain authorities it is advisable not to disagree with. They include the US Supreme Court, the European Court and, as the British Council have found out (see page 4), the Russian tax police. What the US Supreme Court says is law in every state in the Union. What the European Court says applies country in the European Union – which means, language-school owners please note, that rolling up holiday pay into the hourly, weekly or monthly wage is illegal everywhere from Copenhagen to Capri. If you want to do business in Russia, don’t argue with the Russian tax police, whatever the law actually says.
RULE FOUR: It is not a good idea to ignore the law just because you feel it to be impractical, unworkable or just too expensive to comply with.
RULE FIVE: It is a really bad idea to tell your staff that you know what the law is but that you are not going to comply with it because it is impractical, unworkable or just too expensive. To compound this by telling your staff in writing is completely idiotic.
RULE SIX: With the notable exception of Germany, in most countries the tax authorities don’t like the idea of teachers being freelance. This is because it is easier for a tax inspector to get hold of a school than a teacher. You can tell the teachers they’re responsible for their own tax, but this may not stop the taxman turning up at the school gate.
RULE SEVEN: If you are about to break one of the preceding rules, ask yourself, do I want what I am doing to appear on the front page of the Gazette? If the answer is no, don’t do it.
And finally, a handy hint for teachers: If you think your employer is breaking the law, don’t just send us a whingeing email (and if you do, don’t do it using your work email account). Your horror story may well be true but we need documentary evidence to prove it. If we can prove it, we can print it. ”
And an extract from the article on Kaplan to show you what they are talking about:
‘it is true that the European Court of Justice has ruled this practice to be “unlawful”… However, the practical ramifications of accruing holiday pay for hourly paid workers according to this principle [the court ruling] are complex and unworkable.’
i.e. We don’t agree with the law, so we won’t keep to it. So there.
To add a bit of culture, here is the original Blast, which our mate Mel has done a very good job of making a TEFL version of: Blast Manifesto