Contract Advice

[KimKarTrashian]

There might already be a thread on this in which case if someone could direct me it would be great but we are in the process of employing our first live-out nanny and I am working through the contract.

Does anyone have any wisdom or advice with regards to any extra clauses they included in addition to the standard contract supplied by nannytax (or indeed any nannies who had clauses in theirs they viewed as archaic and unreasonable)It would be useful to hear suggestions from both employees and employers. I am keen to make the agreement as collegiate as possible. For example there is a clause suggesting the nanny can't use your home internet which I have removed as it seems churlish.

Additionally there is a clause I noticed which suggests you might request a medical prior to starting - do people actually do this as standard?

Thanks all in advance - new to this so all info helps...

Look at everything to do with holidays.
It is fair for unpaid leave to be used if nanny requests more holiday than their entitlement permits.
It is UNFAIR if parents decide to go on holiday when they have already granted all nannies annual leave. Nanny should get full pay, you effectively give them additional annual leave.

Look for a Lay-Off clause. This must not be used to avoid paying nanny whilst you go on holiday. This is only for continuity of employment purposes if you lose your job and expect to get another a few weeks later.

Be specific in Gross Misconduct section. If smoking is a sackable offence then state that clearly.

Be as clear as possible. You need to be able to explain any clause in the contract so make sure you understand it.

Yes, check holiday, legal minimum is 5.6 weeks pro rata including BH. If you have a part time nanny who works on a Monday, that may leave her with less than 4 weeks after taking off bank holidays, which I didn't feel fair therefore I changed it to 4 weeks plus any BH worked. You can do this as long as it doesn't ever work out to less than 5.6 days pro rata.

Agree that any day you don't need her should be extra holiday not unpaid.

Is there anything without which she couldn't do the job? Mine has to drive 4 children around and it is a condition of the contract that she has access to a car with 3 3-point seatbelts in the back and a passenger airbag that can be turned off. (we pay mileage of course).

Personally I agree with access to home internet being denied, you can always give it later but you want them to be working, not on facebook. ditto home phone unless you're happy for them to use it. Smoking would be a disciplinary offence for me, I can't stand it.

Yes the internet thing is a bit silly. I really only use my phone for personal use when the child is asleep. Plus I literally have no reception in their house even with being in the middle of London so handy to be connected on wifi. If my boss went out of her way to deny my internet would think their a bit strange to be honest.
Another thing I make sure in my contract is holidays. I see so many nannies daily who's bossed decided to go away literally every few months and because it wasn't added or the nanny didn't read their contract properly they are being made to make up days lose out pay dogsit really not fair. Been nannying for 8years now never been asked to do a medical. Rate of overtime paid.

If you tell nanny to leave early, don't expect the time to be made up later.
You want to build up some goodwil so if you run late one day you nanny is not quite so upset about working late.

I disagree with not asking nanny to dog sit or do other nanny related jobs if you go over your holiday allowance. If she is being paid then she should work if you ask her to. But do give her plenty of notice. It would be nice if you think of a bunch of duties that'll take 2/3 days and she could have a couple of days off or or have 5 short days.

I would also mention social media. I know a few nannies who plaster Facebook with pictures of their charges. I have no idea what the parents make of it but if I was a parent I wouldn't want pictures of my child being broadcast to hundreds of people I didn't know in that way.
Also, my boss's job is such that her she requests no pictures of her be shared either.
Make sure you're clear about what your nanny can and cannot share about your family.

Ditto NannyNim this was a big thing for us. The contract nannytax provided us with was actually pretty comprehensive but I did insert a social media clause stating that under no circumstances should pics of DD be put on the Internet/social media or their whereabouts advertised ie 'checking in' on Facebook.

I would add I removed the internet thing too as seems archaic especially as we also

Good reference checks should negate some of the need to ask for a medical I.e. Asking previous employers about sick days taken. We didn't request that our nanny did one.

*also have no phone reception at home!

Specify how much notice you require for holiday requests and likewise provide the same amount of notice to your nanny when you plan to go away.

Termination of employment notice periods should be the same, if you require nanny to give you four weeks notice then written in the contract should be the same amount for parents to give the nanny. I think it's more about starting on fair and equal footing and encouraging goodwill.

Specify overtime rate and how it will be paid, and if you require babysitting state that it is of course optional (depending on how many hours your nanny works she may not want to babysit so sort out a backup babysitter for those times).

I also ask families to think about a contingency plan for if I'm ill. I rarely call in sick (three days in five years), but if I do I don't want any frustration taken out on me for a lack of contingency plan for emergency childcare. Perhaps get the details of an ad hoc nanny or agency, or a drop in nursery. Also, think about whether you're happy for your sick nanny to come in and have a duvet day with the kids or if you'd prefer her to keep her germs at home until she has recovered - every family is different.