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The Au Pair contract is a legal document that can help you avoid many possible misunderstandings and
problems during the Au Pair stay, as well as to protect yourself if something goes wrong. The contract mentions all the important details and expectations that are discussed between an Au Pair and a Host Family.
Video: What is an Au Pair Contract?
In the following video we're looking at Au Pair contracts and how important they are.
If you think that you have already found your
ideal Au Pair or Host Family on Domestic Au Pair World, don't forget to arrange a
video interview via Skype to get to know each other better.
Before signing the contract, discuss all the details during the video-interview. It will help you formulate your expectations towards each other!
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Below you can see a list with the most important points of an Au Pair contract:
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Length of stay: how long does the stay last?
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Start and end date of the contract: when is the Au Pair stay going to start? When should the Au Pair stay end?
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Weekly / monthly amount of pocket money: how much will the Au Pair earn in exchange for the provided service?
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Holidays: how many free days will the Au Pair have and when?
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Accommodation and full board: where will the Au Pair live? Describe the Au Pair room, general rules, etc.
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Working hours: how many hours should the Au Pair work? What will be the working schedule?
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Travel expenses in the host country: who will cover the travel costs in the host country? Will the Au Pair have the right to use a family car? Will the Au Pair get a monthly ticket?
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Insurance: who will be responsible for the Au Pair's medical insurance? Will the Au Pair have any extra insurance (liability, accident, etc.)?
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Au Pair's responsibilities: what will be the duties of the Au Pair during the whole stay?
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Travel expenses: who will pay for the Au Pair's travel expenses?
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Cancellation of contract: what is the notice period in case of the cancellation of the contract?
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Costs for the visa: who will pay for visa expenses?
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Safety recommendations: both parties agree to read Domestic Au Pair World’s security and safety recommendations and to follow them
You can download the standard
Au Pair Contract template and modify it according to your case and needs. If a participant needs to apply for a visa to become an Au Pair in the target host country, he/she will need a signed contract to prove the future Au Pair stay at the host country's embassy placed in the Au Pair's country of origin. The Host Family should print out the contract, sign it and send it in order for the Au Pair to start the visa application.
Check here the
Model Text of Au Pair Service Contract approved by the Committee of Ministers of the Council of Europe on 18 January 1972 (do not forget this is not a contract of employment!).
Termination of the Au Pair contract
If there was a serious
problem during the Au Pair stay or there was an emergency where one of the parties needs to leave, you would have to consider the termination of the contract.
If you decide to terminate the contract, respect the notice period. As a rule it is two weeks. During this time both the Au Pair and the Host Family can find a plan B. To avoid misunderstandings, discuss important details before the
Au Pair arrival to the host country.
Termination in the event of illness
The Au Pair contract should contain clear provisions in the event of illness in order to avoid misunderstandings or
conflicts. In general, it is possible to terminate the contract in the event of illness. A distinction can be made between cancellation during illness and cancellation due to illness:
Termination during illness
If the Au Pair gets sick while working, this is not a direct reason for termination. Dismissal during an illness is only justified if the Au Pair is unable to fulfil their contractual obligations for an extended period of time due to the illness. In this case, a temporary leave of absence or a change in working conditions may be considered. However, notice of termination should only be given if the Au Pair's incapacity to work is permanent or indefinite and there is no prospect of improvement.
Termination due to illness
Dismissal due to illness may be considered if the Au Pair is unable to work on a long-term or permanent basis. For example, if there is a serious illness that permanently prevents the Au Pair from performing their duties, this could be a legal basis for dismissal. In such a case, it is important to have medical certificates documenting the Au Pair's condition. However, it should always be emphasised that termination should only be considered as a last step.
Special circumstances: risk for the family
If the Au Pair's illness, for example
mental health problems, leads to a situation in which the safety or well-being of the family can no longer be guaranteed, extraordinary termination could be considered. In such cases, the Host Family could point out that the welfare of the children and the safety of the family take priority. It is advisable to speak openly with each other in such a case and look for a solution that protects the health and well-being of all involved. A respectful and fair approach will help to avoid tension and maintain the relationship between the parties, even if termination becomes unavoidable.
If the Au Pair comes to the host country through a full-service agency, he/she needs to inform the responsible organization. The full-service agency will help to find a solution. If the Au Pair finds the
Host Family online, he/she can activate the
profile again and look for another match.
