I want to hire a household employee: how does it work?
Whether it’s babysitting, cleaning, gardening or tutoring, you want to hire someone to carry out these kinds of activities in your home?
At first glance, this may seem like a straightforward process, but in reality, you’re taking on a new role – that of EMPLOYER.
This new status imposes certain obligations on you, and requires you to comply with the provisions of the national collective agreement for employees of private-sector employers.
Let’s take a look at the contours of this unique relationship between the “private employer and their employee”.
Do I need to draw up an employment contract?
This contract will clearly establish not only the working conditions, but also the rights and obligations of employer and employee (nature of tasks to be performed, working hours and duration, remuneration, trial period, etc.).
In the absence of a contract, your employee’s employment will be deemed to be a permanent contract (CDI), with all the consequences that this entails in the event of breach of the employment contract (resignation or dismissal).
However, if you subscribe to the “chèque emploi-service universel” (CESU) scheme, you are exempt from drawing up an employment contract in two cases:
- if your employee works less than 8 hours a week,
- if it does not exceed 4 consecutive weeks in the year.
In practice, however, we strongly recommend that you draw up and sign an employment contract with your employee to avoid any disputes.
Do I have to declare the hiring of my domestic help?
You are required to declare the hiring of your domestic employee, regardless of the number of hours worked or the type of contract ( fixed-term or open-ended).
In practice, a simplified declaration system has been created especially for private employers: CESU (declaration directly online via www.cesu.urssaf.fr) or PAJEMPLOI (for home childcare).
The financial risks of failing to declare are as follows:
- Lump-sum compensation of 6 months’ salary for undeclared work;
- In the event of an accident, the employer may be required to reimburse the costs incurred;
- Punishable by a fine of up to 45,000 euros and 3 years’ imprisonment;
- Reminder of contributions that should have been paid, with the application of a surcharge.
It is therefore essential to declare the hiring of your domestic help.
How much should I pay him/her?
Your domestic employee’s employment contract must specify the amount of his or her pay (gross hourly rate), which will depend on his or her professional qualifications.
Please note that the gross hourly wage cannot be less than :
- the minimum wage set by the applicable collective agreement;
- or the current gross hourly minimum wage (€10.15 gross in 2020).
Every month, you must declare your employee’s remuneration to URSSAF CESU (or Pajemploi for home-based childcare providers) and pay the related social charges.
Based on your declarations, CESU and PAJEMPLOI will draw up a pay slip each month, which your employee will be able to access directly via his or her personal account.
For vacation pay, the employer chooses the most advantageous of the two methods:
- the salary maintenance method: you maintain the usual salary during the five weeks of paid leave;
- the 10% method: the hourly wage is increased by 10% for paid vacations.
Payment of this paid vacation allowance depends on how long your CESU employee works:
- working > 32 hours per month: the indemnity is paid when the employee takes his or her paid leave (maintaining the employee’s salary);
- or working < 32 hours per month: the monthly remuneration includes vacation pay (increased by 10%).
Working hours and overtime: what are the specifics?
A peculiarity of the collective agreement for employees of private-sector employers is that an employee whose actual working time is less than 40 hours a week is considered part-time.
A full-time contract is therefore one where the working time is 40 hours a week.
Hours worked in excess of this limit are referred to as overtime.
Overtime is either paid or recovered within 12 months, as agreed by the parties.
They will give rise, in recovery or remuneration, to an increase of :
- 25% for the first 8 hours of overtime ;
- 50% for subsequent hours.
Please note that in the case of irregular working hours (i.e. hours that vary according to your needs), overtime will be paid when the number of hours actually worked exceeds an average of 40 hours per quarter.
If your domestic employee works more than the hours stipulated in the contract, but less than 40 hours a week, these hours are considered overtime, and are not subject to extra pay.
NB: in the absence of a written employment contract, a part-time contract is not automatically converted into a full-time contract. Proof of the actual number of hours worked must be provided by the employee.
Is the individual employer responsible for the employee’s medical follow-up?
As an employer, you are responsible for the medical supervision of your employee (whether full-time or part-time), and for ensuring that he or she undergoes the mandatory medical check-ups required by law:
– information and prevention visit (within 3 months of starting work) ;
– mandatory periodic medical check-up ;
– return medical check-up after an absence of more than 3 weeks due to illness, on return from maternity leave, or after an absence of at least 8 days due to a work accident.
NB: On this point, conventional provisions (limiting this medical surveillance to full-time employees) are inapplicable as they do not comply with the law.
In practice, you need to join an inter-company occupational health service approved by the DIRECCTE in the département of the workplace.
Our lawyers are at your disposal to answer all your questions and advise you. Our meetings can be held face-to-face or by videoconference. You can make an appointment directly online at www.agn-avocats.com
AGN AVOCATS – Employment Department
09 72 34 24 72