The benefits of a signed contract
What a contract should cover
The mechanics of the process
Can a contract be made binding?
Although it takes a little time to draw up a contract the experience of many is that it is well worth the effort.
There are many examples of e.g. a nanny contract available on the Internet for free download to get you started.
If you're an easygoing person and your childcarer is agreeable, you
might not want to go to the length of writing a formal agreement, but at the very least
you should have a detailed
conversation about the ground rules of the engagement, and
setting them down in a contract adds clarity which might prove very beneficial at a later time.
A written contract is a source of guidance if a problem
arises in the future. You can refer to it as you and your childcarer try to
resolve the issue.
Anything and everything related to your childcarer's job -- no detail is too
small. If you're providing room and board, for example, you
may want to pay for the childcarer's phone line but not for
long-distance charges, or Internet access. You should spell out
any benefits, such as paid annual leave, Bank holidays, and sick days.
You're not obliged to offer paid annual leave, but it's
standard practice to do so; after all, most of us feel
more positive about our employers if we have such
benefits.
Your contract should have information on:
- The basic parameters of the job. Set down a job description, since the work of being a nanny, for example, means different things to different people.
- Work hours. (For example, 8 a.m. to 6 p.m.)
- Benefits. Set down whether you're providing health insurance (if so, identify the plan). Specify how much paid holiday, including Bank holidays your childcarer can take. State how far ahead of time
you want her to let you know about time off.
- Pay details. Indicate the gross amount and when you'll provide it; for
example, every other Thursday at the end of the workday.
- Regular duties. Write down any household chores -- folding the childrens laundry,
helping your son tidy up his room -- or other tasks you'd like
your childcarer to do. If, for example, you want her to take your
daughter to and from piano lessons on certain days, put that
in and discuss the logistics. If your childcarer has her own car,
will you reimburse her for the fuel costs? If she'll be using your
car, who's responsible for filling the tank?
- Living/eating arrangements. If your childcarer will live in your home, you
should spend plenty of time on this topic, with an eye to her
privacy needs as well as yours. Will she join the family for
dinner every night, for example? You may want to state how
often she can use the car, the TV, the VCR, and the washing
machine. Don't shy away from discussing issues of taste: If
she loves sugary cereals that you don't allow your children to
eat, make it clear that she's buying them with her own
money.
- Special arrangements. Try to think of any complication that might
arise and a response that's fair to both of you. If you must
work late, for example, you'll let her know by three in the
afternoon and pay her an extra £5 an hour for the overtime. If
she's sick, she should call you by 7:30 a.m. etc.
- Emergency plans. Clarify the steps you want your childcarer to follow if
your child gets sick or injured. Also, work out the best response
if it's your childcarer who suddenly gets sick: Give her the name and phone number
of a neighbour or nearby relative who can help.
- Foreseeable changes in your arrangement. If you're pregnant, or having a
relative come stay with you for the summer for example, talk to your childcarer
about how the arrangements will affect her.
Although you may think of a contract as a daunting legal document, writing
one is relatively straightforward as long as you think through
what to include. You can use the categories above and add
others that apply to your situation. If you like, you can have
a lawyer review the agreement when its complete.
Make sure
both you and your childcarer sign and date the contract. Each of
you should keep a copy. If you make minor changes (for
example, you agree that she'll end her day at five o'clock
instead of six), you both should initial the amendments and
each get a fresh copy.
You may want to include a clause that you and your childcarer will revisit the
contract on a certain date (a one-year anniversary works
well). When that time comes, the two of you will discuss
anything either of you wants to alter. Of course, you'll have
to redo the agreement sooner if there's a major change in your
household, such as a new baby, or in your work schedule, such
as longer hours at the office.
As with any employment agreement, a nanny contract for example, is hard to enforce.
Never count on being able to do so. But having worked out so
many details ahead of time, you're far more likely to enjoy a
smooth relationship with your childcarer.
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