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Is it illegal to open a training class privately?
It is illegal to set up cram schools without permission. To run a cram school, you need the approval of the education department and get a school license before you can start the class. Note: To run a private cram school, you must apply to the local education administrative department for a school license, and the teachers of the cram school need to have a teacher qualification certificate, which is legal. Of course, if the scale is not large, it can be regarded as a civil contractual relationship is also legal.

Legal analysis

It is illegal for in-service teachers to work part-time in off-campus education and training institutions. First of all, it violates the teacher's obligation stipulated in the Teachers Law, that is, to complete the education and teaching tasks; Moreover, it violates the law prohibiting the establishment of more than two labor relations at the same time. It is obviously illegal to run private cram schools. Because it involves business activities, it also needs to comply with the relevant regulations of the administrative department for industry and commerce, and the relevant hardware facilities must be accepted. For example, fire protection and sanitary conditions must be legally inspected before they can be carried out. To start a private cram school, you must apply to the local education administrative department for a school license, and the tutors of the cram school need teachers. Of course, if the scale is not large, it can also be regarded as a legal civil contractual relationship. Running private cram schools belongs to educational institutions, so it definitely involves the relevant requirements of the education department and the administrative department for industry and commerce. If a party needs to run a private cram school, it can consult with the education department and the administrative department for industry and commerce, make preparations in accordance with the relevant laws and requirements, and can only handle it after the examination and approval of the education department and the administrative department for industry and commerce.

legal ground

Article 8 of the Teacher Law of People's Republic of China (PRC) shall fulfill the following obligations: (1) Abide by the Constitution, laws and professional ethics and be a model for others; (two) to implement the national education policy, abide by the rules and regulations, implement the school's teaching plan, fulfill the teacher employment contract, and complete the education and teaching tasks; (3) To educate students on the basic principles determined by the Constitution, patriotism and national unity, legal education, ideological and moral education, culture, science and technology education, and organize and lead students to carry out beneficial social activities; (4) Caring for and caring for all students, respecting their personality and promoting their all-round development in morality, intelligence and physique; (five) to stop acts harmful to students or other acts that infringe on the legitimate rights and interests of students, and to criticize and resist phenomena harmful to the healthy growth of students; (6) Constantly improve ideological and political awareness and the level of education and teaching.