Employing a French nanny in France involves understanding the country's labour laws, social security system, and employment rights. Here is a structured approach to navigating the legalities:
1. Employment Contract
- Drafting a Contract: It's a legal requirement to prepare a formal employment contract (Contrat de travail) when hiring a nanny in France. This contract should outline the terms of employment, including duties, hours, salary, and notice periods.
- Types of Contracts: Consider whether the employment will be on a permanent (CDI - contrat à durée indéterminée) or fixed-term basis (CDD - contrat à durée déterminée).
2. Registration and Declarations
- URSSAF Registration: Register with the URSSAF (Union de Recouvrement des cotisations de Sécurité Sociale et d'Allocations Familiales), which manages the collection of social security and family allowance contributions.
- CESU: If applicable, register for the Chèque Emploi Service Universel (CESU) system, which simplifies the administrative processes involved in hiring and paying a nanny.
3. Compensation and Benefits
Minimum Wage: Ensure you comply with the French national minimum wage (SMIC - Salaire Minimum Interprofessionnel de Croissance).
As of January 1, 2024, the minimum gross hourly wage, referred to as the Smic, was set at €11.65. This equates to a gross monthly salary of €1,766.92, based on the standard legal workweek of 35 hours.
- Payslips: You're required to provide detailed payslips (bulletins de paie) to your nanny, which include gross salary, social security contributions, and net salary.
- Paid Leave: In France, paid leave is a significant part of the employment benefits, and it applies to almost all workers, including nannies. Here's an overview of the general rules regarding paid leave:
Annual Paid Leave:
Statutory Minimum: The minimum legal entitlement for paid annual leave in France is five weeks (25 working days) for a full-time employee who has worked for one full reference year with the same employer.
Public Holidays: Besides annual leave, there are also public holidays, and if they fall on a working day, they are usually given as paid days off. There are 11 public holidays in France, but not all of them may be days off, depending on the sector or the specific employment contract.
Sick Leave: In case of illness, employees are entitled to paid sick leave, the length and compensation of which may depend on the duration of the employment and the provisions of the collective agreement or statutory law.
Maternity/Paternity Leave: Maternity leave is typically 16 weeks, and paternity leave was extended to 28 days in 2021.
4. Special Considerations for Nannies and Household Staff:
- Specific regulations regarding paid leave for nannies can be found in the "Convention collective nationale des salariés du particulier employeur." This collective agreement might set out different conditions or procedures for taking leave, adapted to the context of private household staff.
- It is important to note that for part-time employees or those who have not completed a full year of service, leave entitlements are generally prorated.
As labour laws and agreements can change, both employers and nannies need to stay informed about the current rules regarding paid leave.
4. Working Hours For French Nannies in France
- Legal Limits: Adhere to the legal limits on working hours (40 hours per week is the standard full-time workweek in France according to the Convention Collective du Particulier Employeur).
For a regular work schedule, the maximum working duration is 50 hours in any single week
An average of 48 hours over a consecutive 12-week period.
- Overtime: Compensate for overtime work as required by French labour law. Hours performed in excess of the standard 40-hour week qualify as overtime.
5. Social Security Contributions
- Employer Contributions: As an employer, you are responsible for paying social security contributions, which cover healthcare, pensions, and other benefits.
- Employee Contributions: Deduct the employee's share of social security contributions from their salary.
6. Tax Obligations
- Income Tax: Understand the process for the nanny's income tax declarations. You may need to register for the prélèvement à la source (withholding tax) system.
- Tax Credits: Investigate whether you are eligible for any tax credits for employing a nanny.
7. Health and Safety
- Risk Assessment: Ensure that the work environment complies with French health and safety regulations.
- Insurance: Consider obtaining insurance that covers workplace accidents or professional liability. Private employers are considered liable for damages caused by an employee at their home.
Final Steps
- Stay Updated: Labor laws and tax regulations can change, so it’s important to stay informed about current laws and practices.
- Seek Professional Advice: When in doubt, consult with a French labour lawyer or a professional payroll service to ensure compliance with all regulations.
By following these steps, you will not only be compliant with French law but also create a professional and respectful working relationship with your French nanny.
For an in-depth guide on how to hire a French nanny in the UK, including an employer's obligations, please visit our Guide to Hiring a French Nanny in the UK.
About French Nanny Agency London and International
Our French nanny agency specializes in placing French-speaking nannies with families, both in France and internationally. If you require a French-speaking nanny, please reach out to us for more information.