Employment contract for a nanny at home in France (CDI or CDD)
The nanny who looks after your children in your home is an employee of a private employer, covered by the collective agreement IDCC 3239. A written contract is the rule, in a CDI as in a CDD, and it underpins a correct Pajemploi declaration and the CMG. Here is what it must contain and how CDI and CDD differ.
Essential clauses
- Identity of the parties, address of the workplace(s), start date.
- Job (childcare in the parents' home) and the children looked after.
- Working time, days and hours, possible « présence responsable » or night hours.
- Gross hourly rate (never below the collective-agreement minimum or the SMIC) and how it is smoothed monthly.
- Paid leave, public holidays, trial period, transport costs.
CDI or CDD
The CDI is the normal form. A CDD is only possible in the cases provided for by law (replacing an absent employee, temporary need); it is written and states its reason and end date. At the end of a CDD, an end-of-contract allowance may be due depending on the reason: check your situation on Service-Public.
Working time and overtime
- Full-time reference: 40 hours a week.
- Overtime beyond 40 hours: +25% for the first 8 hours, then +50%.
- Limits: 50 hours in one week and 48 hours on average over 12 consecutive weeks.
- « Présence responsable » by day: counted as two-thirds of an hour of actual work, to be agreed in writing (not in a nanny share).
Nanny share and end of contract
In a nanny share (garde partagée), each family signs its own contract; both contain an identical clause and overtime is counted on the total of both contracts.
In a CDI, the employee can be dismissed (prior interview, real and serious reason, notice depending on seniority), resign, or agree a rupture conventionnelle. A CDD ends at its term. In all cases, hand over the work certificate (certificat de travail), the France Travail certificate and the final settlement (solde de tout compte).
Frequently asked questions
Is a written contract compulsory for a nanny at home?
The collective agreement requires it for regular employment, and it is always required for a CDD. It secures the Pajemploi declaration and the CMG.
Can I hire a nanny on a CDD?
Yes, in the cases provided for by law (replacement, temporary need), with a written contract stating the reason and the end date.
When do overtime hours start for a nanny?
Beyond 40 hours a week: +25% for the first 8 hours, then +50%.