Getting a new au-pair - do you really need a contract?

Contract is not a "must" but I think to avoid any misunderstandings it it better to have a short contract which just states the duties the au pair is expected to carry out, the amount she gets paid, free time and how long she is meant to stay. You could of course state all this in the invitation letter.

I think the Council of Europe recommends contracts to avoid APs getting mistreated/overworked by the host family (tbh if the host is that way inclined I don't see what difference a contract is supposed to make).

ok this is what the BAPAA organisation say an AP is.

Nature of the Programme: The au pair programme is a cultural exchange programme and not a contract or work. Au pairs must be welcomed as a member of the family.

so isnt the letter of invitation enough of a contract per se?

Au pairs if they come to UK as au pairs are not employees - they are meant to part of the family helping the family out with light household duties and babysitting. In return they get a small allowance & full board. The Council of Europe recommend that every au pair is issued with a contract and it is my understanding that the one on aupairworld.net complies with the Council of Europe recommendations.

too many websites contradict each other on this topic. A lot of them say au pairs are NOT employees and then there are those that say they are.

If an AP wants to be treated as part of the family then surely she is not employee.

I am confused to say the least.

Why "No no no no no to the aupairworld.net contract" - what's wrong with it?

Yes you need an employment contract.

No no no no no to the aupairworld.net contract.

What you want is the stuff from direct.gov.uk - here is a good starting point.

It can be very simple:

Your name, address (Mrs Bloggs, 1 AnyRoad, Anytown)
Au pairs name, address (Au pair, 5 AnotherRoad, AnotherTown, AnotherCountry, resident in the UK at 1 AnyRoad, AnyTown from 01/01/01)

Date contract starts, address where au pair works (01/01/01, 1 AnyRoad, Anytown)

Hour per week, pay per week (stated gross) and duties (1 hour per week, paid at £1 per week (gross) for X, Y, Z for our pet cat, Geoffrey)

Holiday entitlement - 5.6 week paid holiday which can include Bank Holidays, so equivalent to 4 weeks plus bank hols (5.6 weeks paid holiday per year to be chosen by the Bloggs family)

A sentence saying that the au pair is entitled to all statutory benefits which they accrue during their time here (aka none because they won't be earning enough)

Notice period, disciplinary procedure (verbal warning, written warning, dismissal) and cases for instant dismissal (gross misconduct) eg theft, neglecting, abusing or otherwise endangering the children, getting pissed on duty etc

IMO it's also worth writing in that you will be the au pair's primary employer in all circumstances, which means any other work she does is automatically her second job and she gets taxed/pays NI out of that.

You don't need to worry about pensions.

general info on employment

You are much better modifying a nanny contract (such as either from nannyjob) to suit you as it will cover the main employment points.

You do not need to include all the above - have a look at aupirworld.net - they have a template for au pair contracts there which you can amend to suit you.

The contract should include:

?your name and your employer?s name

?your job title or a brief job description

?the date when your employment began

?your pay rate and when you will be paid

?your hours of work

?your holiday entitlement

?where you will be working (if you are based in more than one place it should say this along with your employer?s address)
?sick pay arrangements

?notice periods

?information about disciplinary and grievance procedures

?any collective agreements that affect your employment terms or conditions

?pensions and pension schemes

?if you are not a permanent employee how long your employment is expected to continue, or if you are a fixed term worker the date your employment will end

(from direct.gov.uk)

If you are paying under £100 a week and are the au pair's only employer then you don't have to worry about tax. Redundancy only kicks in after they have been employed by you for 2 years I think. Maternity could be an issue I guess, but if it's a fixed term contract for 6/9/12 months then I assume you wouldn't have a problem with having to hold the job open.