No dismissal without real and serious reason
When you use the services of a licensed nanny, custody is accompanied by an employment contract. This contract may be for a fixed or indefinite period. Once the trial period is over, it is mandatory to follow certain steps to dismiss your nanny.
To break the contract, it will then be necessary to go through a dismissal. The employer must be able to justify his decision, the reason must be serious and real. This reason can be economic (unemployment of one of the parents for example), linked to a move, to a change of organization within the employer’s family (birth of a child), etc.
It may also be due to a problem with directly nanny :
- unjustified absences;
- serious misconduct ;
- insults;
- non-renewal of license…
The pattern cannot never be linked :
- the social and racial background of the nanny;
- to his manners;
- his political or religious opinions;
- any disability…
The nanny also cannot be fired if she is pregnant or if she suffers an accident at work during childcare hours.
But if you decide to use an economic, personal or family reason to dismiss your nanny and you immediately hire another childminder, be aware that you could possibly be summoned to the Labor Court for unfair dismissal.
Procedure for dismissal
The procedure for dismissing a nanny is similar to that of a traditional dismissal within a company.
The childminder must first be summoned by official registered mail with acknowledgment of receipt to a preliminary interview. This letter must:
- explain the reason for the dismissal;
- be received by the nanny at least 5 clear days (excluding Sundays and public holidays not worked) before the date set for the preliminary interview.
During this interview, the employer and the nanny are invited to explain themselves, sometimes an arrangement can thus be decided.
If the nanny does not wish to be present at the interview, the procedure can still take its course.
The dismissal begins to take effect on the date of presentation the dismissal letter sent by registered mail with acknowledgment of receipt. This letter must:
- be sent at least 1 clear day after the date of the preliminary interview;
- state the reason for the dismissal;
- specify the terms of the end of the contract, including that of the notice.
Advance notice is required. Only dismissal for serious misconduct derogates from this obligation. In practice, the employer can exempt the nanny from working during the notice period, on condition that he pays her in return a compensatory allowance.
On the other hand, if the nanny expressly requests to be excused during the notice period, the employer is not liable for any compensation.
Legally, the period of notice is set according to the seniority of the childminder on the date of dismissal:
- For a seniority of less than 6 months, the notice is one week;
- For seniority between 6 months and 2 years, the notice period is one month;
- For a seniority of more than 2 years, the notice is two months.
If your nanny can prove more than two years of uninterrupted service, you owe her severance pay.
The amount of compensation corresponds to 1/10th of a month of average gross salary per year of seniority for the first 10 years of seniority then at 1/15th of a month of average gross salary per year of seniority beyond the first 10 years.
If, on the date of dismissal, the nanny has not taken all her paid leave, the employer must pay her a compensatory allowance for paid leave, the amount of which must be equal to that of the paid leave due to her.
When the contract is annualized, an adjustment must be made taking into account the weeks or days actually worked.
In the event of gross negligence or gross negligence, these indemnities cannot be claimed.
On the last day of notice, you must submit obligatorily to the nanny:
- His last payslip;
- A work certificate specifying the start and end dates of the contract;
- The certificate sheet for unemployment benefits.
Our tips:
All end-of-contract documents must be given to the nanny on the last day of the notice. If you have decided to waive it during the notice period, the documents must be submitted on the last day worked;
Paid vacation days must be deducted from the notice. A sick leave or maternity leave does not interrupt the notice period;
If your childminder works full-time for you, you must grant paid hours during the notice so that she can look for a job. These job search hours are set at the rate of 2 hours per day for 6 days for seniority of less than 2 years and 2 hours per day for 10 days for seniority of more than 2 years.