Nanny Contract: Why and How

When you hire a nanny, you become an employer.  And as an employer, you will need to provide your nanny with a contract detailing important information about her responsibilities as your employee, and your responsibilities as her employer.

Why Do We Need a Written Contract?
Verbal agreements are legally binding, but they are open to interpretation.  Furthermore, providing a written contract shows that you take your responsibilities as her employer seriously, and that is important.  Feeling valued is a big part of being a happy nanny – and happy nannies are usually great nannies.

Employment law will protect both of you regardless of whether or not you have a nanny contract in place, but a contract is personal to your own circumstances.  Employment law covers the basics.

What Should be Covered in a Nanny Contract?
There are two schools of thought here.  Some believe that a nanny contract should be extensive, covering things like duties and house rules (if the nanny is live-in).  Others say that the contract should cover the basics, and that the details of day-to-day tasks and responsibilities should be covered in a separate job description document.  Either way, your nanny contract should always include the following points:

Your name and the nanny’s name
Place of work
Start date (and end date, if the nanny is filling a temporary position such as maternity leave)
Job title
Weekly working hours
Details of the nanny’s salary – including when and how often she will be paid
Details of the nanny’s holiday entitlement
Details of the nanny’s sick leave entitlement
Details of the nanny’s pension (if there is no pension plan, this should be stated)
Notice period
Probation/trial period (if there is one)
Information on disciplinary procedures
Details of sackable offences.

How Can I Be Sure Our Contract is Legally Satisfactory?
If you use a nanny agency to hire your nanny, they will be able to provide you with a sample contract that you can amend as necessary.  If you wish to create your own contract from scratch, it may be a wise idea to seek advice from a professional.

The nanny contract should, ideally, be drawn up and signed by both parties (and the nanny provided with a copy) before the nanny starts work.  In any case, the contract should always be dealt with within one or two months of the nanny’s employment start date.

What If We Want to Change the Contract?
If you and your nanny wish to change any terms on your nanny contract, you are free to do so at any time.  A new contract should be drawn up and signed by both parties, making the old contract obsolete.

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