The individual who wishes to employ a housekeeper must be a natural person who does not pursue a gainful economic activity through the employment of this housekeeper. This means that the housekeeper will not, through her work, participate in the professional activity of the individual.
when the home of the individual is devoid of any professional destination, that is to say that the home of the individual serves only as a place of residence
or when the individual’s home has a professional purpose (case where the individual carries out his professional activity at his private home) but this professional purpose is separate from the purpose of the cleaning lady’s duties. Be careful, however, if the housekeeper hired as a domestic employee performs some of her tasks in the professional premises of the employer. It will indeed be difficult to make the distinction.
Obligation to sign a cleaning lady employment contract
Only when the individual employer and the housekeeper opt for the CESU scheme (universal service employment voucher) and the duration of the work does not exceed 8 hours per week or 4 consecutive weeks in the year, it will not be compulsory to draw up an employment contract.
Need for an employment contract – Choice of the CESU system + working time greater than 8 hours per week or 4 consecutive weeks in the year
No need for an employment contract Choice of CESU system + working time of less than 8 hours per week or 4 consecutive weeks in the year
– existence of a work contract : the individual employer and the housekeeper must sign a work contract. The housekeeper must perform the work in the interest of the individual and receive compensation in return. It also performs this work under the legal subordination of the individual, that is to say by respecting his directives or instructions.
– formalism of the employment contract:
written employment contract: the employment contract of any domestic employee, including the cleaning lady, must be established in writing.
Mandatory information in the employment contract : the employment contract must mention the title of the applicable collective agreement , the title of the position, the purpose of their duties, their level of professional classification, their hours and place of work, the conditions of obligation to be present at night, the amount of their basic remuneration and their additional salaries (example: the benefit in kind represented by the provision of accommodation, as well as their weekly rest day. The actual working time must also be included. The employment contract may provide for a trial period which may not exceed one month .
– duration of the work contract for housekeeper CDD or CDI:
the choice of the parties to conclude a fixed-term contract (CDD) or an indefinite-term contract (CDI) will depend on the long-term or temporary nature of the job. In the event of recourse to a CDD, the individual employer must specify the definition of his reason and check that it corresponds to a case of recourse authorized by the CDD if he does not want to risk the requalification of the CDD in CDI.
– part-time or full-time cleaning lady employment contract:
the individual employer and the cleaning lady can sign a part-time or full-time contract depending on the needs of the position to be filled. However, in the event of the hiring of a part-time housekeeper or in the event of a change from part-time to the initially full-time employment contract, the individual employer cannot take advantage of certain financial advantages granted to other employers: example: 30% reduction in employer social security contributions .
Attention ! If the individual employer decides unilaterally to reduce the working hours resulting in a loss of remuneration for the employee ( example : transition from full-time to part-time) and the employee refuses this modification of the contract, this will be considered as a dismissal. without real and serious cause of the employee.
– remuneration of the cleaning lady :
the individual employer can use the CESU system and therefore pay the cleaning lady by universal employment service check after obtaining her prior agreement. To access employment-service vouchers, the individual employer must contact his bank or postal establishment and accept, with the latter, to pay the contributions and social security contributions by direct debit from his account.