Employment contract and employment formalities for the childcare assistant

The conclusion of a promise of employment called reciprocal commitment is possible before the contract is signed.

The breach of the reciprocal commitment shall be made by registered letter with AR: titleContent or hand delivered letter against dump.

The party initiating the break must pay a compensatory lump sum allowance. Its amount is equivalent to 1/2 months gross salary.

This allowance shall not be not due, on presentation of evidence, in the case of death of the child or in the case ofwithdrawal, suspension or non-renewal of approval from the childminder.

Use of the CSD: titleContent is permitted in the same conditions only for any employee. This remedy must be exceptional. The CSD is concluded for a specific and temporary task (e.g., replacement of the absent maternal assistant due to illness).

The contract may be for a fixed duration (specific termination date) or uncertain (Fuzzy Term CDD), in this case, it must then have a minimum duration.

The drafting of a written contract of employment is mandatory. The possibility of renewing the fixed-term contract is indicated in the employment contract.

Mandatory elements of the employment contract

Information concerning the employment relationship

• 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 trial period (including adjustment period if applicable)
• Reception periods and times
• Planned absences of the child
• Earning Elements and Payment Dates
• Usual annual leave dates
• Public holidays worked
• Weekly rest day
• 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
• 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

Duration of the trial period

The probationary period must be laid down in the employment contract.

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

During the first days of the trial period, a adjustment period of a duration maximum of 30 days calendars may be provided for.

The conditions (e.g. remuneration) for this period of adaptation and the reception hours are determined according to the child's adaptation needs.

They shall be indicated in the contract of employment.

Early break of trial period

During the probationary period, the employer and the employee may freely terminate the employment contract.

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).

This service 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.