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This document can be used as a Nanny Employment Agreement between the employer and nanny highlighting employment terms, benefits and duties. This is drafted in favour of the employer.
Under this Agreement:
(a) the employer doesn't guarantee the minimum number of hours to the Nanny. It implies that the employer will pay only for the hours worked by the Nanny
(b) the nanny must take consent for any expenses that exceed the equivalent of USD$50
(c) the employer shall not pay for the unused paid holidays to the Nanny, unless otherwise required by the law.
(d) nanny shall work on probation for a period of 30 days
The Agreement also includes the following:
(a) Duties of the Nanny
(b) Working Hours
(c) Overtime Charges
(d) Paid time-off from work and statutory holidays
(e) Nanny's obligations
(f) Benefits such as Vehicle/ Vehicle Allowance, Health Insurance, Mobile Phone, Meals, Petty Cash
1. What is a nanny contract?
If you're looking to hire a nanny or you are accepting a position as a nanny then having a nanny contract is a must. It helps both the family and the nanny to be clear about their roles and expectations. A nanny employment contract is also known as a nanny contract.
A Nanny Contract is entered between the employer (generally Mother/ Father usually) and the Nanny to record the terms and conditions such as nanny’s employment benefits, duties and responsibilities, the period of employment, leave entitlements, work schedules and payment terms.
Therefore, just like any other contract, a nanny contract defines the roles and responsibilities of the parties and sets their expectations to minimize disputes / disagreements in future.
2. Is it important to have a nanny contract?
For families: When hiring a nanny, the most important pre-requisite for most families is to find someone who can be a perfect caregiver for their children and is committed towards her job as a nanny. A nanny contract accomplishes that since all the requirements are spelled out and agreed in advance
For nanny: it is important to understand the job requirements before committing to it. For instance, an understanding of the working hours, holidays and benefits will ensure that the job is right for you.
Having a formal document that records the terms agreed between the family and the nanny ensures that all the aspects of the job are discussed and agreed including sensitive topics such as grounds for termination, benefits, overtime parameters, reimbursement policies etc. Also, it offers protection and legal recourse to both parties in case of a dispute. In fact, it minimizes the situation of taking a legal recourse as everything is already recorded in a document.
3. What should a nanny contract include?
Key terms for a nanny contract are:
To begin with, it is important to include the most basic yet important details such as the number of children to be taken care off, age of the children and the location of work, daily working hours (start time-end time); and allocate time for lunch break.
Provide an overview of the nanny’s responsibilities i.e. what is the nanny expected to do with the children. For instance: cooking, grocery shopping, housekeeping, feeding the children etc.
Specify the hourly rate of pay and the overtime rate agreed with the Nanny. In addition, include the frequency of payment i.e. weekly/monthly/bi-weekly.
Paid time off: Mention the number of fully paid days that your nanny can take time off from work during the course of employment. Paid time off could be used for vacation, illness or for any personal matters. Also, specify the conditions for availing this benefit, for instance, give a minimum notice of 1 month before taking vacation leave.
Stautotry Holidays: provide a list of paid statutory holidays that the nanny can take (e.g. Christmas)
Enlist the benefits that the nanny is entitled to at work. Some of the common benefits allowed to Nanny are Vehicle/ Vehicle Allowance; Meal; Medical Insurance; Mobile Phone; and Petty Cash
Provide a list of house rules for the Nanny to adhere to at the workplace. For instance use of personal mobile phone; screen time for children; no guest policy; posting pictures on social media etc.
List the events (like stealing) that are completely unacceptable and can cause immediate termination of employment.
A confidentiality clause will ensure that the nanny doesn’t disclose any private information about the family with any third parties.
4. Is a nanny contract legally binding?
Yes, a nanny contract signed by both the parties is legally binding.
5. How do I terminate a nanny contract?
In case either of the parties decides to terminate the contract then include the minimum notice period required for termination. Generally, a notice period can be for 30 days. It will give enough time to the nanny to find another job and the family to make alternate arrangements.
Also, the contract can include a list of events (like stealing) that are completely unacceptable and can cause immediate termination of employment.
6. Do I need a Lawyer?
No, you don't necessarily need a lawyer to draft a nanny contract. It is a formal document that records the understanding between the family and the nanny. You can easily download the template for Nanny Employment Contract here and customize it to suit your requirements.
This document should be carefully read by the Employer and the Nanny.
This nanny employment contract may be used upon the employer hiring a nanny to provide professional child care services
Different aspects of details related to the job, including the job description, remuneration, overtime charges should all be clearly stated in the employment agreement.
Both parties should sign and return a copy, and once signed, both parties should get a copy. To avoid any future disputes, both parties may wish to have their signatures witnessed.
If either party wishes to amend the agreement in the future, both parties should agree to do so, and the original agreement and amendments should be recorded in writing and signed by both parties.