Employment contract and employment formalities for the childcare assistant
Verified 15 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
When hiring, the individual employer and the registered maternal assistant (or registered maternal assistant) must draw up a written and signed contract. The main indications will appear, such as the length of the trial period. The employer will also have to make the hiring declaration.
Contract of indefinite duration (CDI)
The conclusion of a reciprocal commitment is possible before the contract is signed.
It requires the party who does not comply to pay the other a lump sum compensation. The amount is equivalent to 1/2 months of gross salary.
This allowance shall not be payable, on presentation of proof, in the event of the death of the child or in the event of withdrawal, suspension or non-renewal of the maternity assistant’s approval.
The drafting of an employment contract is compulsory.
The contract of employment is, in principle, for an indefinite period.
No later than the day of employment, the individual employer and the maternal assistant shall conclude a written contract of employment for each child taken in, even if they are children of the same family.
In the case of the reception of another child from the same family whose contract is pending, the mother's seniority is taken over.
This recovery does not apply to other entitlements (e.g. paid leave).
Any amendment to the employment contract must be made by a agreeable written.
It shall be made out in 2 dated copies, initialed and signed by the employer and the childminder. Each party will keep 1 copy of the contract and its amendments.
Mandatory elements of the employment contract
- Administrative and contractual information
- Type of employment contract
- Identity of the parties
- Employer identification number
- Employee social security number
- Child's name and date of birth
- Hire Date
- Place of work and childcare
- References of the approval
- Employee professional indemnity insurance
- Motor insurance (if applicable)
- Duration of the trial period
- Reception periods and times
- Planned absences of the child
- Earning Elements and Payment Dates
- Usual annual leave dates
- Public holidays worked
- Weekly rest day
- Instructions and information about the child
- Health
- Diet
- Reference physician
- Care or drugs
- Emergency instructions
Documents to be attached to the employment contract
- Authorization concerning the child's movement patterns
- Documents concerning child health (vaccination report...)
- List of persons exercising parental authority, written information in case of possible restricted access rights
- List and contact details of persons authorized to pick up the child from the home of the childminder
- List of contacts in case of emergency and in the absence of parents
FYI
special conditions, such as the list of foods that the childminder cannot give to the child, may be provided for in the contract.
A trial period may be provided for in the contract.
The maximum duration of the trial period is as follows:
- 3 months if the child is taken in over 1, 2 or 3 months calendar days per week
- 2 months for a reception over 4 days or more
The employer and the childminder may provide for an adjustment period during the first trial days and for a maximum of 30 calendar days. During this period, reception conditions and hours are set according to the child’s accommodation needs.
Please note
in the case of the reception of another child of the same family already bound by an employment contract, the maximum duration of the probationary period of the new reception contract shall be 30 calendar days.
During the probationary period, the employment contract may be terminated by the employer or the childminder in writing.
The Urssaf Pajemploi service is the point of contact for the formalities declaring employment.
Hiring conditions differ depending on whether or not the employer benefits from the free choice of custody supplement (CMG).
The employer benefits from the CMG
The employer is already registered with the Urssaf Pajemploi service. Indeed, registration is done automatically once the application of CMG has been validated by the Caf: titleContent or the MSA: titleContent.
On the other hand, the employer must declare the childminder on the website of Urssaf Service Pajemploi.
The employer does not benefit from the MMC
The employer must contact Urssaf Service Pajemploi to register.
Who shall I contact
Urssaf service Pajemploi
To find out if you are an individual employer (using Pajemploi to pay for a personal service) or an employee declared with the Pajemploi device
By telephone
0 806 807 253
Free service + call price
Open from 9:00am to 5:00pm, Monday to Friday
By mail
Urssaf service Pajemploi
43013 Le Puy-en-Velay Cedex
By email
See "Frequently Asked Questions".
If you did not find the answer to your question, you can use the contact form.
Urssaf Service Pajemploi sends the employer a registration form. On receipt of the certificate, the service shall register it. The employer can then declare the childminder on the Urssaf Service Pajemploi website.
This site calculates the social security contributions that the employer will eventually have to pay. The amount is charged to his bank account.
Disputes shall fall within the jurisdiction of the prud'homme council of the home of the childminder.
Fixed term contract (fixed term contract)
The conclusion of a reciprocal commitment is possible before the contract is signed.
It requires the party who does not comply to pay the other a lump sum compensation. The amount is equivalent to 1/2 months of gross salary.
This allowance shall not be payable, on presentation of proof, in the event of the death of the child or in the event of withdrawal, suspension or non-renewal of the maternity assistant’s approval.
Use of the CSD is permitted in the same conditions only for any employee. Such recourse can only be exceptional and the CDD can only be concluded for a specific and temporary task (e.g. replacement of an absent employee).
The contract may be for a fixed or uncertain duration (for example, it may specify that it will end upon the return of the employee being replaced). In this case, it must then have a minimum duration.
The drafting of an employment contract is compulsory.
Mandatory elements of the employment contract
- Administrative and contractual information
- Type of employment contract
- Identity of the parties
- Employer identification number
- Employee social security number
- Child's name and date of birth
- Hire Date
- Place of work and childcare
- References of the approval
- Employee professional indemnity insurance
- Motor insurance (if applicable)
- Duration of the trial period
- Reception periods and times
- Planned absences of the child
- Earning Elements and Payment Dates
- Usual annual leave dates
- Public holidays worked
- Weekly rest day
- 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
- Applicable Collective Agreement
- Instructions and information about the child
- Health
- Diet
- Reference physician
- Care or drugs
- Emergency instructions
Documents to be attached to the employment contract
- Authorization concerning the child's movement patterns
- Documents concerning child health (vaccination report...)
- List of persons exercising parental authority, written information in case of possible restricted access rights
- List and contact details of persons authorized to pick up the child from the home of the childminder
- List of contacts in case of emergency and in the absence of parents
Please note
special conditions, such as the list of foods that the childminder cannot give to the child, may be provided for in the contract.
Duration
The trial period must be laid down in the contract of employment.
The maximum duration of the trial period depends on the duration of the contract:
- For a CDD less than or equal to 6 months, the maximum trial period is 1 day per week, up to a limit of 2 weeks
- For a CDD greater than 6 months, the maximum trial period is 1 day per week, up to a limit of 1 month
Early rupture
During the probationary period, the employer and the employee may freely terminate the employment contract.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Disruption at the initiative of the employer
The employer who wishes to break the probationary period must notify the employee before the contract is broken (period of pre-emption). The employee is notified within a period that depends on the length of time he is present.
Duration of presence | Minimum warning time |
|---|---|
Less than 8 days | 24 hours |
Between 8 days and 1 month | 48 hours |
Between 1 month and 3 months | 2 weeks |
Disruption at the initiative of the employee
An employee who wishes to break the probationary period must notify his employer at least 48 hours in advance. This warning period is reduced to 24 hours in the event of a presence of less than 8 days.
The Urssaf Pajemploi service is the point of contact for the formalities declaring employment.
Hiring conditions differ depending on whether or not the employer benefits from the free choice of custody supplement (CMG).
The employer benefits from the CMG
The employer is already registered with the Urssaf Pajemploi service. Indeed, registration is done automatically once the application of CMG has been validated by the Caf: titleContent or the MSA: titleContent.
On the other hand, the employer must declare the childminder on the website of Urssaf Service Pajemploi.
The employer does not benefit from the MMC
The employer must contact Urssaf Service Pajemploi to register.
Who shall I contact
Urssaf service Pajemploi
To find out if you are an individual employer (using Pajemploi to pay for a personal service) or an employee declared with the Pajemploi device
By telephone
0 806 807 253
Free service + call price
Open from 9:00am to 5:00pm, Monday to Friday
By mail
Urssaf service Pajemploi
43013 Le Puy-en-Velay Cedex
By email
See "Frequently Asked Questions".
If you did not find the answer to your question, you can use the contact form.
Urssaf Service Pajemploi sends the employer a registration form. On receipt of the certificate, the service shall register it. The employer can then declare the childminder on the Urssaf Service Pajemploi website.
This site calculates the social security contributions that the employer will eventually have to pay. The amount is charged to his bank account.
Disputes shall fall within the jurisdiction of the prud'homme council of the home of the childminder.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
Urssaf service Pajemploi
To find out if you are an individual employer (using Pajemploi to pay for a personal service) or an employee declared with the Pajemploi device
By telephone
0 806 807 253
Free service + call price
Open from 9:00am to 5:00pm, Monday to Friday
By mail
Urssaf service Pajemploi
43013 Le Puy-en-Velay Cedex
By email
See "Frequently Asked Questions".
If you did not find the answer to your question, you can use the contact form.
- Code of Social Action and Families: Articles L423-1 and L423-2Labor Code provisions applicable to maternity assistants employed by an individual (Article L423-2)
- Code of Social Action and Families: Article L423-3Compulsory employment contract
- Code of Social Action and Families: Articles L423-17 to L423-22Contract details (Article L423-17)
- Code of Social Action and Families: Articles D423-5 to D423-13Terms of employment contract (Article D423-5)
- Code of Social Action and Families: Articles D423-14 to D423-16Content of the employment contract (Article D423-14)
- National Collective Agreement of Individual Employers and Homework of March 15, 2021Employment contract (Articles 41,42,90,91,94 ), probationary period (Article 44,95), model of reciprocal commitment (Article 93)
- Individual-Employer Space
Online service
- Model contract of indefinite duration - Certified nursery assistant
Document template
- Model of reciprocal engagement - Certified Kindergarten Assistant
Document template
FAQ
- Maternity AssistantService-Public.fr
- Early ChildcareService-Public.fr
- Allowances for familiesService-Public.fr
- Social Security registration for an employee who arrives in FranceService-Public.fr
- Official website of the individual employer and employeeUrssaf Caisse nationale (formerly Acoss)
- Urssaf service PajemploiUrssaf Caisse nationale (formerly Acoss)
