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The Nanny Employment Agreement is a document that outlines the terms and conditions of employment between a nanny and an employer. This agreement is important as it establishes the rights and responsibilities of both parties, ensuring a clear understanding of expectations and obligations.
The entire document consists of several sections that cover different aspects of the employment relationship.
Section 1: Work Description
This section provides a detailed description of the nanny's duties and responsibilities. It includes tasks such as feeding the children, preparing meals, grocery shopping, transportation, housekeeping, assisting with homework, planning activities, and keeping a daily journal. The nanny is also expected to adapt to unexpected changes in the schedule and abide by the employer's house rules.
Section 2: Probation Period
This section states that there is a probation period of 30 days, during which either party can terminate the employment without notice or cause.
Section 3: Commencement Date and Work Schedule
This section specifies the start date of employment and the expected work schedule. It mentions the average number of hours per week and the normal working hours from Monday to Friday. It also states that the nanny may be required to work overtime, which will be compensated.
Section 4: Compensation
This section outlines the nanny's monthly salary and overtime fee. It states that the compensation will be paid on a monthly basis and that taxes will be withheld as required by law.
Section 5: Leave Entitlements
This section explains the nanny's entitlement to paid statutory holidays and paid time off. It mentions the process for requesting vacation leave and the maximum number of days that can be carried over to the next year.
Section 6: Other Benefits
This section lists additional benefits provided by the employer, including petty cash for expenses, a vehicle allowance or a provided vehicle, a mobile phone for communication, health insurance coverage, and meals during working hours.
Section 7: Emergency Contact
This section provides contact information for emergencies and clarifies the nanny's responsibility to transport the children to a clinic or hospital if necessary.
Section 8: Warranties
This section includes the nanny's representations and warranties regarding their authority to enter into the agreement and the truthfulness of the information provided.
Section 9: Nanny's Additional Obligations
This section outlines certain obligations that the nanny must adhere to, such as not giving medication without authorization, not having guests without consent, not sharing information on social media, not using alcohol or drugs while on duty, and not smoking in the employer's home or presence.
Section 10: Term and Termination
This section states that the employment is at-will and can be terminated by either party with or without cause. It specifies the notice period for termination and lists grounds for immediate termination.
Section 11: Confidentiality
This section emphasizes the confidentiality of information obtained during the agreement and the consequences of breaching confidentiality.
Section 12: Amendment
This section states that any changes to the agreement must be in writing and signed by both parties.
Section 13: Entire Agreement
This section confirms that the agreement represents the entire understanding between the parties.
Section 14: Severability
This section addresses the invalidity or unenforceability of any provision and the parties' obligation to negotiate a substitute provision if necessary.
Section 15: Disputes
This section specifies the governing law, the preference for voluntary mediation in case of disputes, and the jurisdiction of the courts.
Section 16: Counterparts
This section allows the agreement to be executed in multiple counterparts, with each counterpart considered an original document.
Overall, the Nanny Employment Agreement is a comprehensive document that covers all aspects of the employment relationship between a nanny and an employer. It ensures clarity and protection for both parties.
1. Review the entire agreement to familiarize yourself with its contents and understand the rights and responsibilities of both parties.
2. Discuss and agree on the specific duties and responsibilities outlined in Section 1. Ensure that both parties have a clear understanding of the expectations.
3. Clarify the probation period mentioned in Section 2. Understand that either party can terminate the employment without notice or cause during this period.
4. Confirm the commencement date and work schedule mentioned in Section 3. Discuss and agree on the expected working hours and any potential overtime requirements.
5. Discuss and agree on the monthly salary and overtime fee mentioned in Section 4. Understand the payment terms and the employer's obligation to withhold taxes.
6. Understand the nanny's entitlement to paid statutory holidays and paid time off mentioned in Section 5. Discuss the process for requesting vacation leave and the maximum number of days that can be carried over.
7. Discuss and confirm the additional benefits provided by the employer mentioned in Section 6. Understand the terms and conditions associated with each benefit.
8. Take note of the emergency contact information mentioned in Section 7. Ensure that both parties are aware of the procedures to follow in case of emergencies.
9. Understand the warranties provided by the nanny mentioned in Section 8. Ensure that the nanny has the necessary authority and qualifications.
10. Discuss and agree on the nanny's additional obligations mentioned in Section 9. Ensure that the nanny understands and agrees to comply with these obligations.
11. Understand the termination provisions mentioned in Section 10. Discuss the notice period and the grounds for immediate termination.
12. Emphasize the importance of confidentiality mentioned in Section 11. Ensure that the nanny understands the consequences of breaching confidentiality.
13. Discuss the possibility of any amendments to the agreement in the future. Understand that any changes must be in writing and signed by both parties.
14. Keep a copy of the agreement for reference and future disputes. Ensure that both parties have a copy of the signed agreement.
15. In case of any disputes, attempt voluntary mediation as mentioned in Section 15. If mediation is unsuccessful, be aware of the jurisdiction of the courts mentioned in the same section.
16. Remember that the agreement can be executed in multiple counterparts, with each counterpart considered an original document.