Payroll of the home employee employed by an individual

Verified 01 April 2025 - Directorate for Legal and Administrative Information (Prime Minister)

The pay of an employee employed at home by an individual is composed of a base salary and any ancillary elements. These ancillary elements include overtime pay, public holidays, paid leave and night time. We are taking stock of the regulations.

The gross hourly wage may not be less than the following amounts:

  • Minimum hourly wage provided for in the collective agreement
  • SmicSmic : Minimum cross-industry growth wage schedule, or €11.88.

That's the most advantageous amount.

The calculation of the gross monthly wage varies according to whether the employee has regular or irregular working hours.

Regular working hours

The duration of work is regular where the contract of employment provides for any of the following:

  • Fixed weekly working time
  • Periods of work that are repeated regularly.

For an employee who works 40 hours a week, the monthly gross wage is calculated on the basis of 40 hours a week, rounded to 174 hours a month.

The salary is monthly. It is calculated as follows:

Gross Monthly Wage = Gross Hourly Wage x Number of Hours of Work actual work weekly x 52 / 12

Irregular working time

These rules shall apply if the employment contract does not provide for a fixed weekly working time or for periods of work which are regularly repeated.

The gross monthly salary shall be calculated on the basis of the number of hours of actual work recorded in the month:

Gross Monthly Wage = Gross Hourly Wage x Number of Hours of Work actual work within a month

Some situations allow the employee to have allowances in addition to his base salary.

Supplement for driving a vehicle during working time

If the employee uses his personal vehicle, the employer must pay him mileage allowances.

In addition to his salary, the employee then receives an additional remuneration. This supplement may be a flat-rate premium or a salary increase. The amount is fixed by mutual agreement between the employer and the employee. It is provided for in the contract of employment.

This amount may not not be inferior to scale of administration.

He cannot not be superior to tax scale.

A simulator is used to calculate the amount of mileage allowances:

Actual charges: calculate your mileage charges

Hours of responsible day time

Hours of responsible daytime attendance are those during which the employee can do what he wants with his time for himself while remaining vigilant to intervene (nap of a child for example).

1 hour of responsible day attendance equals 2/3 of 1 hour of actual work.

Please note

If the employee is called upon to intervene repeatedly, the hours of responsible day-time attendance shall be paid in hours of actual work.

Night attendance allowance

It compensates for the night shift. Depending on the number of interventions per night, the allowance is increased.

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The employee intervenes 1 times on certain nights

The employee then receives a lump sum allowance. It may not be less than 1/4 of the contractual hourly wage for an equivalent period of actual work.

The employee intervenes 2 or 3 times on certain nights

The employee then receives a lump sum allowance. It may not be less than 1/3 of the contractual hourly wage for an equivalent period of actual work.

The employee intervenes 4 times and more certain nights

The employee shall be paid normally for the periods of service. He shall receive a lump-sum allowance for the remaining time. It may not be less than 1/3 of the contractual hourly wage for an equivalent period of actual work.

Please note

If every night the employee works at least 4 times, all night time is paid in hours of actual work.

Allowance for night-time sick duty

The hours of sick overnight care shall be hours of actual work. They are paid as actual hours of work.

Benefits in kind: accommodation and food

Where the individual employer provides the employee with a meal or accommodation, these are benefits in kind.

The individual employer must take into account the benefits in kind provided to determine the salary to be paid (meals, accommodation).

He must deduct from net salary the following amounts:

  • €4.70 per meal,
  • €71 per month for housing.

If justified by the size of the dwelling, an assessment of more than €71 may be provided for in the contract.

However, no amount is deducted for the accommodation if the employee has to sleep on the spot.

Please note

Benefits in kind which the employee ceases to receive during leave shall not be deducted from his remuneration.

Transport costs are expenses incurred by the employee to travel from his usual place of residence to his place of work. The employee uses public passenger transport or public bicycle rental services.

As such, it benefits from support by the individual employer.

Warning  

The employee hired under the shared custody is fully supported.

The overtime surcharge applies when the actual number of hours worked exceeds 40 hours per week.

Overtime shall be paid monthly or recovered within 12 months under the conditions laid down in the contract of employment.

The surcharge for overtime shall be set at 25% for the first 8 hours and at 50% for the following hours.

FYI  

Overtime is counted weekly from Monday at 0 a.m. to Sunday at 24 p.m.

The employee shall be compensated for the paid leave he acquires.

The time of compensation for paid leave may be different if the employer declares his employee by Cesu or not:

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Declaration made by Cesu

Depending on the monthly working time, paid leave can be paid in different ways.

Working hours less than 32 hours per month

Compensation includes the paid leave allowance.

The hourly wage is increased by 10% paid leave.

Working hours equal to or greater than 32 hours per month

Paid leave allowance shall be paid when the leave is taken.

FYI  

If the employee agrees, the employer may include it in the monthly remuneration. The hourly wage is then increased by 10% in respect of paid leave.

Other reporting methods

Paid leave allowance shall be paid when the leave is taken.

The rules are different for 1er May and other public holidays.

General case

Compensation for public holidays differs depending on whether the public holiday is worked or unemployed person.

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Working holiday

A working holiday is increased by 10%.

Non-working holiday

The employer may decide that the employee does not work on a holiday falling on one day usually worked.

When the holiday falls on a day that is usually worked, the employee's remuneration is held.

Where the holiday falls on a day which is normally worked, the employee's remuneration shall be maintained if he fulfills all of the following cumulative conditions:

  • Having worked for the individual last working day before the public holiday
  • Working for the individual on the 1ster working day after the holiday.

The employee also benefits from this maintenance if an absence authorization has been granted beforehand by the employer (paid leave for example).

FYI  

If the holiday falls on a day not normally worked, it is not paid in addition to the usual salary.

May 1

The 1er may is a public holiday unemployed person.

An employer who does not make his employee work on 1er may shall pay him normal remuneration if that holiday falls on a day normally worked, unconditional seniority.

Please note

If the nature of the activity so warrants (e.g. support for dependent persons), the home-based employee who works on 1er mai benefits doubling his remuneration.

The salary is paid every month.

The salary is paid on the date stipulated in the contract of employment.

The individual employer may use the following means of payment:

The employer must give the employee a pay slip unless he uses the Cesu or Pajemploi.

It can also use the Cesu+ and Pajemploi+ devices. They allow the payment of the salary by these organizations.

FYI  

The salary may be paid in cash if the amount does not exceed €1,500.

Disputes shall fall within the jurisdiction of the prud'homme council the domicile of the individual employer.

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