The childminder's employment contract in France (CDI or CDD)

Why a written contract is compulsory

It is a legal obligation, specified by the collective agreement. The contract is drawn up in two copies, dated and signed by both parties, at the latest when the care starts. You need one contract per child: for siblings, each child has his or her own contract.

Without a written contract the employment still exists, but nobody can prove what was agreed — and the parent employer is particularly exposed (an unwritten fixed-term contract is, for example, deemed permanent).

CDI or CDD

The permanent contract (CDI) is the normal form for regular care. It continues until it is ended as the agreement provides (withdrawal of the child by the parent, resignation of the childminder). The fixed-term contract (CDD) is the exception, only possible in the cases provided for by law — notably replacing an absent childminder — and must be written, state its reason and its end date (or minimum duration).

What the contract must specify

• Identities and addresses of the parent and the childminder, and the child (name, date of birth).
• The approval (agrément) issued by the département and insurance certificates (professional liability, car insurance if she drives your child).
• Start date and trial period: its maximum length depends on the weekly care pattern and is set by the collective agreement.
• Care days and hours, number of care weeks per year and the resulting regime (année complète or année incomplète).
• Gross hourly rate (at least the minimum in force), monthly salary, and the treatment of extra hours (written agreement required for the increased rate).
• Maintenance, meal and possibly mileage allowances; paid leave; daily-life instructions (health, food, who may collect the child).

The engagement réciproque before hiring

The collective agreement provides an optional but useful document, the engagement réciproque: signed before hiring, the parent reserves the place and the childminder commits to keep it, for a contract starting on a given date (for example after a birth or parental leave). If one party withdraws, a lump-sum compensation set by the agreement is due. It does not replace the employment contract, which must be signed at hiring.

Common mistakes

• Starting care before the contract is signed.
• A single contract for siblings.
• Leaving the number of care weeks vague: it determines the regime and the monthly salary.
• Copying outdated amounts: check the minimum and allowances in force before signing.
• Agreeing increased hours orally, or changing hours durably without a signed amendment (avenant).

Frequently asked questions