Regardless of the reason, the dismissal of a nanny must respect the law. The termination of a childminder is subject to formalities and payments by the labor code. The dismissal must be justified by a real reason and serious on the part of the employer.
No dismissal without real and serious cause
When you call the services of a certified nanny, the guard is accompanied by a employment contract. This contract may be to term or indeterminate status. Once the trial period is completed, it is obligatory to follow certain steps to dismiss nanny.
To break the contract, you will then pull by a dismissal. The employer must be able to justify his decision; the ground must be serious and real. This reason can be of economic order (unemployment of one of the parents for example), related to a removal, a change of organization within the family of the employer (birth of a child), etc.
It can also be due to a problem which concerns the nurse directly:
- Unjustified absences;
- Serious misconduct;
- Non-renewal of approval…
The reason can only be bound:
- In the social and racial origin of the nanny;
- In his morals;
- In his political or religious opinions;
- In any disability…
The nanny can not be dismissed if she is pregnant or if she is a victim of an accident at work during the hours of custody.
But if you decide to use a motive of economic, personal or family order to dismiss your nanny and that you immediately hire an another childminder, you could possibly be convened with the Court of Arbitration for unfair dismissal.
Procedure for dismissal
The procedure of dismissal of a nanny is similar to that of a classic dismissal within a company.
The childminder to first be convened by official by registered mail with acknowledgement of receipt to a prior consultation. This mail is:
- Explain the reason for the dismissal;
- To be received by the nanny at least 5 days before the date set for the preliminary consultation.
During this consultation, the employer and the nanny are invited to explain; sometimes an arrangement can be decided.
If the nanny does not wish to be present at the interview, the process can still take its course.
Dismissal begins to take effect on the date of submission of the letter of dismissal sent by registered mail with acknowledgement of receipt. This letter must:
- To be dispatched at least 1 clear day after the date of preliminary consultation;
- Resume reason for dismissal;
- Specify the procedures for termination of contract with that notice.
The notice is mandatory. Only a dismissal for serious misconduct violates this obligation. In practice, the employer may provide the nanny to work during the period of notice, provided that they pay in return compensation.
On the other hand, if the nanny express request to be provided during the period of notice, the employer is liable to pay compensation.
Legally, the length of notice is fixed according to the seniority of the childminder to the date of dismissal:
- For a seniority of less than 6 months, the notice is one week;
- A seniority of between 6 months and 2 years, the notice is one month;
- For a 2 years seniority, the notice is two months.
If your nanny can justify of more than two years to your service in an uninterrupted way, you owe him of the severance pays.
The amounts of the allowance corresponds to 1/10th of month of average gross salary per year of service for the first 10 years of seniority and then to 1/15th of month of average gross salary per year of service beyond the first 10 years.
If at the date of employment termination nanny did not have all his paid leave, the employer must pay him a compensatory allowance for paid holidays which the amount must be equal to the paid holidays that are owed.
When the contract is annualized, an adjustment must be carried out taking into account the weeks or days actually worked.
In the event of serious misconduct or gross negligence, compensation cannot be claimed.
The last day of the notice period, you must return to the nanny:
- His last salary slip;
- A working certificate, indicating the dates of beginning and termination of the contract;
- The leaf certificate for unemployment benefits.