Au Pair

Verified 12 December 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Who can be an au pair? What steps must the individual employer take? What is the social protection of the au pair? We are taking stock of the regulations.

The au pair is hired by an individual employer to perform home tasks (housekeeping, ironing, childcare for example).

In return, he receives a compound salary exclusively benefits in kind (accommodation, food...).

An employment contract is established between the individual and the employee. The collective agreement individual employers and home employment shall apply.

There is no age condition, or nationality.

However, before hiring, the individual employer must first ensure that the future foreigner employee has a residence permit valid and authorizing him to work.

Warning  

The system of the au pair employee must not be confused with that of trainee family helper foreigner or the foreigner that has a au pair temporary residence card.

An individual who hires an au pair must declare to theUrssaf: titleContent by means of form :

Declaration of employment of a family job

This form must be sent within 8 calendar days who follow the employee's employment, preferably by letter with RAR: titleContent.

Who shall I contact

If the individual employer makes the return for 1re On several occasions, this form is also used as an application for registration as an individual employer.

If the employee does not have a social security registration number, the form allows to apply.

Warning  

The au pair cannot be declared to Urssaf service Cesu or Urssaf service Pajemploi.

Every quarter, theUrssaf: titleContent sends the individual employer a simplified Nominative Return (DNS) to be completed for the purpose of calculating contributions.

The individual employer shall complete this declaration.

He shall return this declaration to the Urssaf by the date indicated on the return.

In the light of this declaration, the Ussaf sends the individual employer a notice of the due date of the contributions due and the deadline for settlement.

Warning  

In case of non-compliance with this deadline, a penalty of €7.50  per employee shall be applied for the late supply of the declaration.

The employment of an au pair employee shall, subject to conditions, reduction or tax credit for family jobs.

At the end of the year, theUrssaf: titleContent provide the individual employer with a certificate enabling him to benefit from that tax advantage.

The au pair is paid only in kind (accommodation, meals).

The national collective agreement for private employers and domestic workers defines a flat-rate estimate of benefits in kind:

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

If the actual value of the benefits provided is greater than these amounts (in particular as regards housing), it must be specified in the employee's employment contract.

It is then this real value that is taken into account in determining the plate contributions payable by the individual employer.

The remuneration of the au pair employee may not be less than the minimum wage laid down by the collective agreement or the Smic: titleContent.

It is equal to the conventional minimum wage × the number of hours of work provided for in the contract.

Example :

An employee is hired to a duration of 20 hours of work per month. He touches €300 raw every month (benefit in kind). The hourly wage corresponding to his employment in the collective agreement is €12.5.

The employer must verify that the hourly wage is at least equal to €12.5 per working hour.

It therefore divides the monthly gross wage by the number of hours worked: €300 (monthly gross salary)/20 (number of working hours) = €15

The individual employer must issue a pay slip to his employee. It shall mention the representative value of benefits in kind.

The dwelling must be decent. It must not pose a risk to the health and safety of the employee.

In particular, it must:

  • Have an external opening
  • Allow sufficient ventilation
  • Have sufficient heating and lighting
  • Have access to sanitary facilities, as well as a drinking water supply point
  • Have access to a kitchen or kitchenette
  • Have a decent bed, when the housing is furnished

The au pair depends on the general social security system for sickness, maternity, accidents at work and basic retirement.

It depends on the supplementary pension fund for private employees (Ircem).

Finally, as regards unemployment insurance, it depends on France Travail (formerly Pôle emploi).

Disputes between the au pair and the individual employer shall be the responsibility of the prud'homme council the place of residence of the individual employer.

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