Vacation

General standard of a free-lance

A vacation is a Service returned by the free-lance , bearing over one very short duration (one duration session lower than the day, typically an hour). By extension and abuse language, one also indicates under these terms the Salariat of short duration (a few days, a few weeks or a few months), although the concept is extremely different (see hereafter).

The example archétypique of a vacation is the service of an investigator carrying out an investigation in residence: paid contractually, it takes responsibility for its all expenses (transport, etc) and time that it will pass is not fixed.

A free-lance (in a strict sense) is not an employee of his client, with all the many differences that implies:

the free-lance is not subordinate, it can carry out the agreed task in the way which is appropriate to him and it is not likely disciplinary actions.
not being paid, it does not profit normally from the insurance unemployment nor of paid vacations (except specific convention). So the French State requires that the free-lance pay social contributions by another skew (while being paid in addition, by adopting a mode of free lance, etc).

Example: Free-lance teacher in higher education in France

In higher education, the free-lance teachers are governed by modified decree 87-889. This decree allows as well as nonteaching professionals can ensure of the courses. The frees-lance of teaching are also called outside contributor. A share of teaching carried out by professionals is obligatory in the diplomas of 3rd cycle and the technical diplomas of the IUT.

Types of frees-lance of teaching

There exist two types of frees-lance: in charge ones of teaching frees-lance and the free-lance temporary staff.

The in charge of teaching frees-lance have an principal activity as a Salarié of more than 900 hours annual, head of undertaking or free lance. They can ensure of the lectures, directed work or practical works. When they are recruited among the civils servant mentioned in article 25-1 of the law n°82-610 of July 15th, 1982 of orientation and programming for the research and the technological development of France, they cannot ensure more than 64 hours of course, 96 work hours directed or 144 work hours practical annually, or any equivalent combination.

The free-lance temporary staff are old of less than 28 years and are registered for the preparation of a doctorate. They can also be reprocessed less than 65 years. They can ensure of directed work or practical works. Their service cannot on the whole exceed annually, in one or more establishments, 96 work hours directed or 144 work hours practical or any equivalent combination. An allocatee of research (which is not in parallel monitor) is not subjected to the conditions of age, however it cannot carry out more than 64 hours are equivalent annually directed work (thus the equivalence of a service of management).

Remuneration and budget

The remuneration of the free-lance temporary staff or in charge of teaching frees-lance is independent of the diplomas and of the experiment of those and there is no taking into account of the seniority. The pay is calculated according to the number of hours of teaching in the presence of the students really carried out (1h CM = 1.5 hTD, 1:00 TP = 2/3 H TD) and according to the time rate (complementary hour) fixed by ministerial decree and revalorized on average 2 times per annum. (Since the 2/1/2007, 40.06 € gross of hour TD) The payment is carried out made service and according to the universities, it can be monthly (very rare), quarterly or semi-annual.

The budget of the complementary hours (hours " supplémentaires" teachers and hours of vacations) is taken completely on the clean budget of the university. It often represents a share very important of the total budget. The Court of Auditors meets regularly during its controls of the illegalities. Thus this budget is indeed often used in order to provide disguised premiums or to inflate the time rate judged too low by certain frees-lance. (number of hours quite higher than the number of real hours…). Another arising difficulty is the under-service of the teacher-researchers of the university while having recourse massively to frees-lance in replacement.

The system of vacations is very snuffed in teaching, since it allows the specific use of very specialized competences (for example: the teaching of a rare language a few hours in the month). Some (professors of university, senior officials ensuring some courses in prestigious institutions, etc), vacations ensure a complement of very appreciable income. But for others, whose vacations constitute a big part of their thin incomes (student in charge of some courses), the system especially seems a way of maintaining them in the dependence by depriving them of a regular employment, especially when the payment of vacations lasts for ever.

The statute of the free-lance

The services carried out as a temporary staff free-lance or responsible for free-lance teaching are not taken into account like experiment during an establishment as a civil servant, contrary to the services carried out as a Moniteur of higher education, although the latter do not give place to wages with retained for pension.

The free-lance professor does not have, in general, work contract, he is not considered as worker and does not perceive the social securities (partners with the statutes and pays fixed). It has neither the right to be registered with unemployment nor paid vacations.

It should be recalled that only the president of the university has the capacity to recruit even if unfortunately certain teachers think of being able to recruit by themselves their substitutes or the teachers of the diploma which they frame. The best council gave the future frees-lance is thus never not to agree to work with only one oral agreement of a teacher but to trust you more with the administration.

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