Individual employer: home worker's employment contract

Verified 16 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)

An employment contract between an individual employer and a homeworker is, in principle, a written contract. The normal form of the employment contract is a DTA: titleContent. When the employee is reported through the Cesu: titleContent, the contract may be oral. In which case is the written contract mandatory? What information must be included in the written contract? What are the rules related to the use of the Escu? The conclusion ofCSD: titleContent is it possible? We are taking stock of the regulations.

The rules concerning the home-based worker's employment contract differ according to whether it is a DTA: titleContent or a CSD: titleContent. In some cases, they are also different when the employee is declared at the Cesu: titleContent .

DTA

Yes, the drafting of an employment contract written is obligatory. It shall be drawn up at the latest on the day on which the hiring takes effect.

On what written medium is the contract written?

The contract can be written on any written medium (free paper, mail).

FYI  

The employment contract signed by the employer can be sent to the employee by email. In this case, the employee sends back an acceptance e-mail acknowledging his clear agreement and not equivocal.

How many copies of the contract of employment are to be drawn up?

The employment contract and any amendments thereto shall be drawn up in 2 copies.

They are dated, signed, and initialed by the employer and the employee.

Each party shall keep one copy of the contract of employment and any amendments thereto.

The employment contract duty specify the following:

  • Identity and address of the parties
  • Employer identification number (if the number is not yet known at the time of the conclusion of the employment contract, it shall be communicated by the individual employer to the employee as soon as possible)
  • Employee social security number
  • Hire Date
  • Employee's vehicle insurance (only if the personal vehicle is used for business purposes)
  • Employment occupied
  • Duration of the trial period
  • Possibility of renewing the trial period
  • Hours of work
  • Workplace
  • Remuneration including hourly salary and monthly salary payment date
  • Allowances and benefits (accommodation, meals for example)
  • Public holidays worked
  • Weekly rest
  • Paid Leave
  • Nature of employment of the employee
  • Absences of the individual employer
  • Hours of responsible day presence
  • Hours of presence at night

FYI  

The employment contract with a young worker aged between 16 and 18 is signed by the latter if he has written authorization of sound legal representative. This condition does not apply to emancipated minors.

A letter of commitment may replace the written contract of employment provided that it contains all the mandatory details of the contract of employment.

She's signed by the employer and the employee. Each in keeps 1 copy.

Yes, all amendment of the contract of employment must result in the writing of a new written document called agreeable.

Changes to the employment contract may be rejected. The contract shall then either be maintained without modification or terminated under the conditions of dismissal of the employee at home.

Shared custody is a mode of custody that consists of to keep children from 2 families in the home of one and/or the other family.

It must be defined in employment contracts. Indeed, each individual employer must establish individually a written contract of employment with the employee.

Individual employers must provide, in each employment contract, one identical clause specifying the relationship with the other individual employer.

Disputes shall fall within the jurisdiction of the prud'homme council the place of residence of the individual employer.

Who shall I contact

CSD

Use of the CSD: titleContent is permitted in the same conditions only for any employee. This recourse is exceptional and the CDD is concluded for a specific and temporary task (for example, the replacement of an absent employee).

The contract may be for a fixed or uncertain period. In this case, it must then have a minimum duration.

For example, the contract may state that the contract will end when the employee is returned.

Yes, writing a written contract of employment is mandatory. It shall be drawn up at the latest on the day on which the hiring takes effect.

The employment contract duty specify the following:

  • Identity and address of the parties
  • Employer identification number (if the number is not yet known at the time of the conclusion of the employment contract, it shall be communicated by the individual employer to the employee as soon as possible)
  • Employee social security number
  • Hire Date
  • Employee vehicle insurance
  • Employment occupied
  • Duration of the trial period
  • Hours of work
  • Workplace
  • Remuneration including hourly salary and monthly salary payment date
  • Allowances and benefits
  • Public holidays worked
  • Weekly rest
  • Paid Leave
  • Nature of employment of the employee
  • Absences of the individual employer
  • Precise grounds for recourse to the CSD
  • Name and qualification of the person being replaced if it is a replacement
  • Contract start and end date, and possibly renewal possibility or minimum duration in case of fixed-term contracts concluded for an uncertain duration
  • Designation of position
  • Duration of trial period, if any
  • Salary
  • Working hours
  • Applicable Collective Agreement
  • Hours of responsible presence day time
  • Hours of presence at night

FYI  

the employment contract with a young worker aged between 16 and 18 is signed by the latter if he has written authorization of sound legal representative. This condition does not apply to emancipated minors.

A letter of commitment may replace the written contract of employment provided that it contains all the mandatory details of the contract of employment.

It is signed by the employer and the employee. Each one keeps 1 copy.

Yes, any amendment to the employment contract must give rise to the drafting of a new document called agreeable.

Changes to the employment contract may be rejected by the employee. The contract is then maintained without modification. However, if the employer and the employee agree, they may agree to a breach of contract.

FYI  

The refusal of an employee to amend the employment contract is not a reason for early termination of the CDD.

Shared custody is a mode of custody that consists of to keep children from 2 families in the home of one and/or the other family.

It must be defined in employment contracts. Indeed, each individual employer must establish individually a written contract of employment with the employee.

Individual employers must provide, in each employment contract, one identical clause specifying the relationship with the other individual employer.

Disputes shall fall within the jurisdiction of the prud'homme council the place of residence of the individual employer.

Who shall I contact

Cesu

Yes, the employment contract is compulsory. There are, however, exceptions to this obligation.

In the case of a declaration to the Cesu, the contract may be oral only if the employee is not working not more than 3 hours per week during a 4-week reference period.

The parties must, however, comply with the obligations relating to the performance and termination of the contract of employment.

To avoid any dispute, a written contract of employment remains advisable. In this case, the contract must contain all the mandatory particulars.

Disputes shall fall within the jurisdiction of the prud'homme council the place of residence of the individual employer.

Who shall I contact

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