Working time of a childminder employed by an individual
Verified 15 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The working time rules applicable to childminders (or childminders) have specific features. They are not subject to the legal working hours of 35 hours per week. Maximum working hours, daily, weekly and annual, are imposed. Public holidays worked and weekly rest are specified in the contract.
The employment contract must specify the conditions of reception.
The duration of the reception period indicated in the collective agreement is 45 hours per week.
Daily reception is carried out according to the following rules:
- The work starts at the time stipulated in the contract, by the schedule or at the arrival time of the child.
- The work ends at the time specified in the contract, schedule, or at the child's departure time.
- The usual length of the welcome day is 9 hours.
- the childminder shall be entitled to a daily rest period of at least 11 hours in a row, regardless of employment contracts, and may not be employed for more than 6 consecutive days.
In the event of exceptional or unforeseeable situations, hours may be worked, by mutual agreement, beyond those provided for in the contract of employment.
The employer may not require the childminder to work more than 48 hours per week.
However, this working time may be exceeded if the mother's assistant gives her written consent.
This 48-hour duration is calculated on average over a period of 4 months. With the agreement of the childminder, it can be calculated over a period of 12 months, up to a maximum of 2,250 hours per year.
Work Periods
The periods of work correspond to the childcare time. They are in principle specified in the contract of employment.
General case
They are specified in the contract of employment. The parties may agree on a period of advance notice, fixed in the contract, for amending them.
Periods of work cannot be specified in the contract at the time of hiring
Childcare planned for 46 weeks or less
Where periods not worked are not known to the employer when the employment contract is signed, they shall be communicated in writing to the employee. A warning period of at least 2 months must be respected.
The parties may modify the periods not worked thus fixed, respecting a period of advance notice provided for in the contract of employment.
Other
Where periods worked cannot be determined in advance due to particular constraints of the employer, a written work schedule shall be given to the maternal assistant.
The employer shall observe a time limit for advance notice laid down in the contract of employment.
Hours worked beyond the weekly contract duration, and up to 45 hours per week, are overtime.
Complementary hours may give rise to a salary increase if the contract so provides.
If, for 16 consecutive weeks, the number of overtime hours exceeds 1/3 of the duration laid down in the employment contract, the working arrangements must be reconsidered.
Hours worked beyond 45 hours per week are hours increased.
The rate of increase of these hours shall be determined by agreement between the childminder and the employer.
The childminder shall be granted a weekly rest period of at least 24 hours. This weekly rest period is supplemented by a daily rest period of 11 hours, i.e. a minimum of 35 hours.
That day shall be specified in the contract. It is preferably served on Sundays. However, another day may be chosen by agreement between the employer and the childminder.
When the childminder has several employers, the day of rest is the same for all employers.
Please note
if the child is exceptionally entrusted with the weekly day of rest, the child shall be paid at the normal rate plus 25% or recovered by an equivalent rest increased in the same proportions.
May 1
The 1er may is a public holiday unemployed person and paid if it falls on a regular day of childcare.
Unemployment on the 1er but can't be the cause of a salary cut.
Other holiday worked
Public holidays worked are provided for in the contract of employment.
The childminder may refuse to accept the child on a holiday not provided for in the contract.
Other non-working holiday
Public holidays unemployed if they fall on a day usually worked, they are entitled to the maintenance of remuneration if the following two conditions are met:
- The nursery assistant worked last working day preceding the public holiday
- She worked on the 1ster working day which follows the public holiday
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
- Relay early childhood (ex Ram)
For information on the employee-employer relationship
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
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Labor Code provisions applicable to maternity assistants employed by an individual (Article L423-2)
Working time (Articles L423-21 to L423-22)
Working time (Articles D423-10 to D423-13)
Working hours (Articles 96 to 99), weekly rest (Articles 46 and 100), public holidays (Article 47)
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