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Enseignement de la danse : les règles spécifiques de l'enseignement privé

According to the ECLAT collective agreement, how many hours must be shown on a teacher’s payslip?

For all employees in France, the statutory monthly working time is calculated on the basis of 52 weeks of 35 hours each. It is therefore equal to: 35 × 52 = 1,820 hours / 12 months = 151.67 hours. According to the ECLAT collective agreement, the monthly hours to be shown on the payslip are calculated as follows: Teacher: H × 151.67 / 24; Technical instructor: H × 151.67 / 26 (H = the weekly number of hours of face-to-face teaching). A full-time dance teacher (24 or 26 hours of face-to-face teaching depending on their qualification) will therefore see 151.67 hours shown on their payslip, just like any employee working a 35-hour week.

This calculation of hours enables employees to claim their entitlements under the social security system (sickness, maternity, paternity, pension, etc.).
 

According to the ECLAT collective agreement, what constitutes a full-time position for an arts teacher?

This collective agreement takes into account the time spent preparing for and following up on lessons.

Consequently, full-time attendance at the school is not 35 hours per week but

  • 24 hours for a teacher
  • 26 hours for a teaching assistant.

Their working hours, calculated on a 35-hour basis, are therefore broken down as follows:

  • 24 hours of ‘face-to-face teaching’ and 11 hours of ‘preparation and follow-up’ for teachers
  • 26 hours of ‘face-to-face teaching’ and 9 hours of ‘preparation and follow-up’ for activity leaders and technicians.

All hours of face-to-face teaching and preparation and follow-up are counted as actual working hours.

Further information: ECLAT Collective Agreement Factsheet

As the dance school’s activities are suspended in July and August, can I employ my teachers on fixed-term contracts from September to June each year?

No.

The mere fact that teaching activities are suspended during school holidays is not sufficient to justify the use of a fixed-term contract. Teachers who are recruited for the entire school year to deliver teaching that forms part of the school’s curriculum each year, with no interruptions other than school holidays, must be employed on a permanent contract. This reflects the school’s usual organisation and is not a one-off teaching assignment at the school.

Can a teacher be employed on a customary fixed-term contract?

Yes. There are around twenty sectors of activity in which the Labour Code permits the use of a CDDU contract. Education and cultural activities are among them. Consequently, organisations whose main activity is education may employ teachers on CDDU contracts to carry out a specific, temporary task (such as a work placement).

Further information: CND factsheet: Dance teaching in the private sector

Can you teach without a teaching qualification if you are employed as a ‘facilitator-technician’?

No. ‘Activity leader-technician’ is a designation given by the ECLAT collective agreement to arts teachers who do not organise programmes or exams for progression from one level to the next, unlike ‘teachers’. However, as they are responsible for teaching dance, they must therefore hold the DE qualification for dance teachers.

Does the pay paid to teachers for dance classes include attendance at teaching meetings?

No.

Attendance at teaching meetings counts as actual working time and must therefore be paid in addition to teaching hours if the employee is required to attend them outside their face-to-face teaching hours. This working time therefore constitutes additional hours (for part-time staff) or overtime (for full-time staff).

In France, is it possible to teach contemporary, classical or jazz dance whilst studying for the State Diploma?

No.

To be entitled to teach, you must hold:

  • The State diploma in dance teaching
  • Or a French or foreign qualification recognised as equivalent 
  • Or an exemption granted on the grounds of particular renown or proven experience in dance teaching.

This requirement is set out in Article L 362-1 of the Education Code.

Should we ask every pupil to provide a medical certificate every year in order to take part in a dance class? What about one-off dance courses?

Yes. According to Article R 362-2 of the Education Code, before the start of each term, the dance school must ensure that pupils have a medical certificate confirming that there are no medical contraindications to their participation in dance lessons. This certificate must be renewed every year (and not every three years, as is the case for participating in sport).

Since the reform simplifying access to sport and the government’s aim to reduce the administrative burden on doctors, it can sometimes be difficult to obtain this medical certificate in order to enrol on a dance course. However, only the Sports Code has been amended, not the Education Code, which governs the teaching of dance. If you encounter difficulties in obtaining this certificate from a doctor, it may be helpful to refer them to Article R 362-2 of the Education Code which remains in force.

Finally, the requirement to obtain a medical certificate under the Education Code does not specify a minimum number of teaching hours.

It applies to all dance teaching establishments, even for one-off classes. No exemptions are provided for in the legislation.

Further information - CND factsheet: Dance teaching in local government ; Dance teaching in the private sector 

Has the medical certificate confirming fitness to practise dance been replaced by a questionnaire?

No. 

Under Article R 362-2 of the Education Code, before the start of each term, the dance school must ensure that pupils have a medical certificate confirming that there are no medical contraindications to their participation in dance lessons. The questionnaire relates to sporting activities and activities governed by the Sports Code.

Is there a limit on the number of pupils per class?

No. There is no legislation stipulating a maximum number of pupils per class.

Further information: CND factsheet: Dance education in the private sector
 

What is the minimum hourly pay for a teacher under the ECLAT national collective agreement?

There is no hourly rate. The minimum wage is set on a monthly basis by the collective agreement to take account of school holidays as well as preparation and follow-up hours. The salary is paid on a monthly basis to ensure that the same remuneration is paid every month of the year, rather than to remunerate the teacher solely for the face-to-face teaching hours carried out each month. Please refer to the amounts set out in the ‘salaries’ amendments to the collective agreement.

Further information: ECLAT Collective Agreement Factsheet
 

Which collective agreement applies to dance schools?

There is no collective agreement specific to dance schools. Depending on the type of organisation providing dance tuition, several collective agreements may apply:

  • In a dance school run as a voluntary organisation (including MJC centres): the ECLAT national collective agreement
  • In a sports club: the national collective agreement for sport
  • In a dance school operating as a commercial enterprise: there is no mandatory collective agreement; therefore, either the Labour Code applies or a collective agreement may be adopted voluntarily.

Further information: Factsheet on the ECLAT collective agreement