Yumeko K
In France, does having an online private teacher make you an employer?
Hi, sorry this is my experience with Superprof, but they don't have a community discussion like here.
It is about learning a language via online classes which applies to the italki community, and I'm wondering if anyone knows the law better than me.

I am a foreign student living in France. Recently, I started taking French lesson with a prof via Skype. I paid for the 10 hours of classes through the site, and we have done a few. She says that now I am an employer to her and sent me this link : <a href="https://www.superprof.fr/blog/cheque-emploi-service-universel/" rel="noopener noreferrer" target="_blank" style="color: rgb(51, 102, 204);">https://www.superprof.fr/blog/cheque-emploi-service-universel/</a>;. This site does say hiring someone to do work makes you an employer if the classes are at home (un employer particulier). Our classes are online, and she doesn’t come to my house. So, I don’t think it fits perfectly to my situation, but I can’t find a site that says that online classes don’t make you an employer.

So that I don’t have to declare, she says another student can declare the hours for me, and all I have to do is when we do the classes, I agree to say that the classes are at my house. I think saying that would actually make me an employer according to French law and also this is a fraud.

1 Is there a site or somewhere that says that hiring someone to give me online classes doesn’t make me an employer? 
It’s hard to believe that every student learning online would declare their professor as their employees.
The classes were 3h/week, and we have no contract. The professor didn’t say anything about declaring when we started the course.
When I talked to Superprof, the site where I found the teacher, they said the declaration is advised, but I needed to talk to URSSAF directly. It's hard to believe Superprof because they have given wrong advice on a blog once.
My French is also not good enough to contact URSSAF. (I think my prof knows that thus she tried to take advantage of me) Also, I want a wrtiten proof so that my prof won't say things like, "oh she probably didnt understand the fisc.)

2 I don’t know if I should let it go and just get half of the refund back, or if I have grounds to report the teacher to the site.
Thank you for reading.
Jul 5, 2020 12:15 PM
Comments · 5
1
Hi Yumeko ! Be careful, it sounds a bit dodgy to me. Especially since you haven't got any contract signed from the beginning... I will make researches on French websites and I will let you know if I get more infos !
July 5, 2020
For what it's worth, URSSAF seems to be a legitimate organization: https://en.wikipedia.org/wiki/URSSAF

And here is the site's section on CESU: https://www.cesu.urssaf.fr/info/accueil.html

I had considered working as an online teacher at Lingueo.com, and they require *teachers* to register as self-employed in their home country. Under "France," there's a link here to URSSAF in English, but that link is broken. https://teacher.lingueo.com/self-employment
July 5, 2020
Hi Phil,
Thanks for your message.
>Why don’t you report the teacher to the website you’ve mentioned?
Because the website agrees that I should declare her but should talk to the tax office directly. I still don't believe them because they have given wrong advice before. So, first I need to prove that I'm not doing anything illegal.

>and come to italki for your future learning needs.
I want to but I want to make sure that I wouldn't be an employer first before finding new ones. :(
July 5, 2020
Sounds like a scam to me. Why don’t you report the teacher to the website you’ve mentioned? Even if not a complete scam, she’s clearly acting in bad faith and trying to take advantage of you as a foreigner. In any event, you will certainly want to dump her before any probationary period takes effect, and come to italki for your future learning needs.

July 5, 2020
Hi Sarah!

Thank you for your help! I agree: it sounds so shady to me!
I want to make it clear so that I would feel safer finding teachers online. I've been asking in different forums (with no luck). So, I will keep you posted on my end as well.


July 5, 2020