Resignation of a childminder
Verified 02 August 2023 - Legal and Administrative Information Directorate (Prime Minister)
Resignation is a way of breaking the DTA: titleContent at the initiative of the mother's assistant who clearly the will to break his contract. How does the childminder inform her employer? Should it to comply with a notice in case of resignation? What is the point of departure of the notice in case of resignation? Does she receive compensation from her employer in the event of resignation? Does she receive compensation from Pôle emploi? We're doing an update on the regulations.
The possibility of resigning depends on the type of employment contract of the childminder.
DTA
The resignation is a breakup the employment contract which enables the childcare assistant to leave his job. She has to demonstrate clearly and in no equivocal the desire to break his employment contract.
She didn't not the obligation specify the reason for her resignation.
In case of ambiguity on the clear and unequivocal will, the labor council may reclassify the resignation as wrongful dismissal (or without real and serious cause).
FYI
in certain conditions, the employer may consider abandonment of post like a resignation.
The childminder must inform the employer of her resignation by registered letter with AR: titleContent or by hand delivered letter against dump.
A sample letter is available:
As a general rule, the childminder must perform a notice. It may be dispensed with by his employer at his request. The employer may also exempt the employee from giving notice.
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By the employer
The maternal assistant is paid as if she had worked during that period.
The period of notice not worked shall be taken into account for the determination of entitlement to paid leave and for the calculation of seniority.
Requested by the employee
The rules vary depending on whether the employer accepts or refuses the maternal assistant's request for exemption from notice.
Employer's agreement
The employment contract shall end on the last day worked. The female employee is not paid for the part of the notice not realized.
Refusal of the employer
If the employer refuses, the employee must give notice.
If the employee does not give notice, the employer may ask the employee to pay her compensation equal to the amount of net remuneration corresponding to the duration of the unrealized notice. He must then grasp the prud'hommes council. They may also request damages.
The minimum period of notice depends on seniority the childminder with her employer.
For the purpose of determining the period of notice, seniority shall be calculated on the date of dispatch of the registered letter with AR: titleContent or hand-back against dump.
Maternity assistant's seniority at the service of the employer | Minimum period of notice |
|---|---|
Less than 3 months | No notice |
Over 3 months and less than 1 year | 15 calendar days |
Over 1 year | 1 calendar month |
The starting point of notice is the date of notification to the employer of the resignation. It depends on the medium used to resign.
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Notification by registered letter with acknowledgement of receipt
If notified by registered letter with AR: titleContent, the period of notice shall begin on the date of 1re presentation letter by the post office.
Example :
The maternal assistant sends her resignation letter with AR: titleContent the February 11, 2023. The registered letter with AR is presented by the Post Office to the employer on February 13. The Minister shall withdraw it on February 15 in the post office. The collective agreement provides for advance notice1 month.
The starting point for his notice of resignation is therefore at February 13. Advance notice will be given from February 13 to March 12, 2023 inclusive.
Notification by hand delivery against discharge
Where resignation is effected by delivery in your own hands against dumpNo, it's the day of the hand-over which fixed the starting point of the notice.
Example :
Maternal assistant resigns on February 5, 2022 by giving a letter against discharge to his employer. The collective agreement provides for 1 month's notice.
His notice is therefore February 5 to March 4, 2022 included.
The notice is suspended and postponed in the following situations:
- Accident at work Work stoppage following an occupational disease
- Suspension of employment following maternity or adoption leave
- Taking paid leave, unless the parties agree otherwise in writing
These suspension periods postpone the end of the notice period.
Please note
the employer may not not to impose the employee who has resigned to take his paid leave on notice.
However, it is possible to take them if they have been normally planned before the notification of resignation.
At the end of the notice of resignation, the childminder does not receive no severance pay.
At the end of the notice period, the employer must pay the following amounts:
- Remaining salary up to the last day worked
- Compensatory leave with pay
The resignation does not give straight step to one compensation under unemployment insurance.
However, in some cases, resignation may be considered legitimate by Pôle emploi.
Upon legitimate resignation, the childminder may be entitled to Return to Employment Assistance (RWA) under the usual conditions.
Documents to be handed over to the childminder
The individual employer must provide the following documents:
- Work Certificate
- Received for the balance of any account that details the amounts paid upon termination of the employment contract. If the employee has signed the receipt for the balance of any account, he or she has 6 mes after the date of signature to contest it.
- Pôle emploi Attestation
A service allows to carry out online the steps related to the termination of the employment contract:
Procedures for termination of child care contracts
Time limit for the submission of documents
The deadlines for submitting documents vary depending on whether the employee gives notice or not.
Executed Notice
The documents are delivered on the contract end date, i.e at the end of the notice period.
Waiver of notice by employer
The documents are delivered on the contract end date, i.e at the end of the unexecuted notice.
Waiver of notice requested by the employee
Total waiver of notice
Documents shall be submitted at the latest 2 calendar weeks after the last day worked.
A certificate stating the date on which the employee is free of any commitment may be given by the employer to the employee who so requests.
Please note
where the period of notice is less than two weeks, the documents shall be submitted at the date of termination of the contract, that is to say at the end of the period of notice.
Partial waiver of notice
Documents shall be submitted at the latest 2 calendar weeks after the last day worked.
A certificate stating the date on which the employee is free of any commitment may be given by the employer to the employee who so requests.
Please note
where the partial waiver of notice is less than 2 weeks, the documents shall be submitted at the date of termination of the contract, that is to say at the end of the notice.
CSD
Resignation is a reserved break mode only to the employee who is in DTA.
The childminder in CSD: titleContent can't quit.
The CDD can be broken by anticipated manner, before it ends, in certain situations.
They are only the following cases:
- Agreement between employer and employee
- Employee's request for proof of permanent employment (DTA). To avoid any difficulties, the employee may indicate in writing the termination of the contract and provide proof of the planned hiring (e.g. promise of employment or contract of employment)
- Fault serious
- Force majeure
Who can help me?
Find who can answer your questions in your region
- Relay early childhood (ex Ram)
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.
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Leave compensation
Resignation (Rule L423-26)
Resignation - National Collective Agreement of Individual Employers and Home Employment of 15 March 2021 - Common Pillar Article 63-2-1
Online service
Document template
Service-Public.fr
Urssaf Caisse nationale (formerly Acoss)