How to separate from your nanny?

When do I have the right to fire the nanny?

The law indicates that the employment contract of a home employee can be terminated provided that the motive is real and serious. Clearly, it must represent a character of sufficient gravity for you to make the decision to terminate your nanny’s contract. It may be that she refuses to follow your instructions such as food, no TV viewing, nap and walk times. Other cases: on several occasions she forgot to pick up your eldest child from school, she received friends at your house or spent the afternoons in a cafe with your children instead of taking them to the park. But beware: in all cases, you must provide proof of your grievances. It is up to you to put together a file, with testimonies if necessary, so that your request for dismissal is admissible.

It should be noted : your change of personal situation (drop in income, divorce, move, your children returning to school or nursery, etc.) can be considered as a valid reason for breaking the contract of your home employee. You must therefore proceed with his dismissal, and respect the dismissal rules: prior interview, notice, severance pay, etc. 

Depending on the reason, how should I qualify the dismissal of the nanny?

There are three degrees of severity according to which a dismissal can be pronounced.

The real and serious cause: it encompasses changes in personal circumstances (moving, children entering school, etc.). But this can be the case, for example, for repeated delays, or the fact that the home employee refuses to follow the instructions you give her. 

Serious fault: it can result from a set of facts related to a deliberate attitude to behave in a reprehensible manner. Thus, not to come two days without warning you and without valid reason, you are disrespectful, and this several times in spite of your remarks.

Gross fault: it is characterized by an intention to harm the employer. You can invoke it for example if your nanny has robbed you or used violence.

What is the process for terminating a nanny?

You must send him a invitation to a preliminary dismissal interview by registered letter with acknowledgment of receipt. You can also hand it over to him. In this case you must have him sign the duplicate of the letter, dated the day you give it to him.

It should be noted : do not mention in the letter that you have decided to fire her, only that you are considering it. Indeed, your decision is supposed to be uncertain until the end of the reflection period following the preliminary interview. The latter cannot take place less than five working days after receipt of the convocation.

How to announce the dismissal during the preliminary interview?

The interview is an opportunity toexplain to your nanny the reasons you plan to fire her for, and discuss it with her.

It should be noted : if the interview takes place during her working hours, you must pay her normally, in other cases it is not compulsory. On the other hand, you have the obligation to wait two days after the interview to send him the letter of dismissal itself, stating precisely the facts with which you reproach him – or the change in your personal situation.

How to write the letter of dismissal to the employee at home?

The dismissal letter must contain the precise reasons for it. The decision to terminate must be based on materially verifiable and sufficiently important facts and reasons. Indeed, by terminating the maternal assistant’s employment contract, the employer takes a decision which exposes him to a possible trial before the Labor Court.

Just like a classic employment contract, the dismissal of a person must therefore be absolutely justified.

Do I have to respect a notice?

Prior notice is required, except in cases of dismissal for serious or gross misconduct. It starts from the day of the presentation of the letter of dismissal. Its duration depends on the seniority of the nanny at your service.

  • 1 week if it has less than 6 months of seniority,
  • 2 months from 6 months to 2 years,
  • and 2 months beyond.

During the notice period, the nanny has hours to look for a job.

 

It should be noted : you can exempt your domestic worker from giving her notice, but in this case you will have to pay her the wages due for this period.

Whatever the mode of rupture contract, you are required to give your employee a work certificate, an employment center certificate and a receipt for the balance of any account.

In video: Stop the nanny contract

Will I have to pay severance pay to the nanny? How to calculate them?

 

Yes, except for serious or gross negligence and provided your employee has worked at least eight months uninterrupted at your house.

The amount of compensation cannot be less than:

  • 1/4 month of gross reference salary per year of seniority for the first 10 years;
  • 1/3 of a month of gross reference salary per year of seniority from the 11th year.

 

 

It should be noted : you must also pay him a compensatory allowance for paid leave that she did not take. In the case of a fixed-term contract (CDD), you must also pay him a so-called termination indemnity. precariousness allowance, equal to 10% of all gross remuneration received during the term of the contract.

Do I have to give documents to the employee at home?

Whatever the reason for the dismissal of your nanny, you have the obligation to give him his last payslip, for an work certificate and Pole certificate Careers to be completed directly on the Internet. For contact details, visit the site: pole-emploi.fr

It should be noted : you can also have him sign a receipt for the balance of any account indicating the details of the sums you pay him.

For more information, contact the National Federation of Particular Employers (Fepem): fepem.fr or Indigo number 0825 07 64 64 (0,15 euros per minute).

And how does it work to terminate the contract of a childminder?

Unlike the home nanny, or home worker, the childminder looks after the children at home. Most often, she looks after several children at the same time. 

If you wish to terminate his contract, we do not speak of “dismissal”, but of “withdrawal of the child”. This must also be notified by registered letter with acknowledgment of receipt. 

When the nanny resigns, and wants to end her contract, should I fire her?

 

No, if the termination of the employment contract is the decision of the employee herself, it is not a dismissal, but a resignation. In this case, you do not owe him any compensation. However, you must provide him with a work certificate. For her part, she must give notice. 

Pajemploi, a tool that makes life easier

In order to make your redundancy procedures as easy as possible, Urssaf has put the pajemploi platform online. This allows you to calculate severance pay and guides you step by step in your procedures. More information on pajemploi.urssaf.fr

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