Nanny services: responsibilities, sample contract

In the age of business people, it is difficult to do without such a necessary position as a nanny. Often, it is impossible for either mom or dad to leave a business or career even with the appearance of a baby in the family. It is then that parents turn to the services of nannies. But it is necessary to take into account the fact that there is little oral contractual basis to regulate the work of a worker. Moreover, many babysitters today are individual entrepreneurs. Why the regulator of business relations between them and their parents should be an employment, civil law contract. What responsibilities, the rights of a nanny, customers he includes, we will talk in the article.

Document header

The contract for babysitting services, like any other official paper, begins with a standard heading:

1. City agreement.
2. Date of conclusion of the agreement.
3. Personal data of the customer and contractor. For example: "Citizen Ivanov Ivan Ivanovich and Citizen Petrova Marya Petrovna concluded an agreement on the following ..."

Subject of the contract

The second section of the contract prescribes its subject:

1. "Citizen Petrova Marya Petrovna undertakes to perform the services of a nanny in relation to the child (or several children) of the customer - Sergey Ivanov, born in 2016."
2. "The provision of services will take place at ..."

Duration of Agreement

The duration of this contract for babysitting services is indicated here:

1. The date from which the contractor (nanny) must begin to fulfill his duties.
2. The term for which the labor agreement is concluded.

Payment for the work of the contractor

It is important to prescribe all the subtleties of monetary remuneration for labor:

1. The base rate of payment by the customer of the contractor Separately prescribed remuneration for babysitting services per hour, the average monthly rate, which is formed on the basis of the hourly.
2. Frequency of remuneration (for example, weekly, monthly). It is important to specify the day when the calculation will occur.
3. How is remuneration paid for work (cash, bank transfer)?
4. Tariff for overtime work, work on holidays and weekends.
5. Conditions for the case of temporary disability of the contractor - the period of sick leave, its payment (without maintenance, a certain percentage of the base rate).
6. Payment of days on which, at the initiative of the customer, the nanny services for the child are not provided (travel out of town, to relatives, family event, etc.)

Work schedule

What should be indicated here:

1. How many days a week the nanny works, which of them is a weekend for her.
2. Schedule every day.
3. Lunch break interval.
4. Holidays: after how many months are laid, how long, how to be paid (a certain% of the base rate).

Responsibilities and general duties of the nanny

What is important to mention in this section of the contract for babysitting services for a child:

1. What is the contractor responsible for? For the health and life of the ward, the safety of property during his working time, timely and high-quality performance of duties.
2. "The contractor must come to the workplace ... minutes before starting work."
3. Notification of the impossibility to start the implementation of services: in what way (call, message), for how long.
4. How are cases of illness or malaise of a nanny discussed with the customer?

The main responsibilities of the contractor

Work, nanny services involve the following duties:

1. Engage with your child only in clean, tidy clothes.
2. Provide the customer with your medical book. Regularly (at least once a year) undergo medical examinations.
3. Follow appropriate hygiene regulations: wash hands regularly, wear short-cropped nails, and do not use sharply smelling perfumes.
4. Satisfying one's own needs (in particular, nutrition) is not forbidden only without prejudice to the attention of the child. You can specify the possibility of food at the expense of the customer.
5. Restrict the child’s communication on walks with children with symptoms of colds or other diseases, lack of proper behavior.
6. Mark in the diary provided by the customer the time of feeding, taking medication, sleep of the ward.
7. Fully explore family traditions, everyday habits of the customer’s family and follow them when communicating with the child.
8. The contract for the services of a nanny at home implies the immediate notification of the ward's parents about all emergency cases that have occurred with the child. The contractor is obliged to provide first aid to the victim (additionally, it is necessary to register the phones of the parents, the clinic, the children's emergency room, and the emergency number for mobile phones).
9. How to communicate with a child? The manifestation of certain qualities (patience, confidence in communication, firmness in character, etc.). How to behave in case of wards? What words to exclude from his vocabulary (obscene speech, "cursing")? How to call him and his parents? How to introduce yourself to a child ("nanny", by name, fatherland)?
10. A point regarding the use of money for children's expenses, the use of appliances, things of the customer, cleaning rules.

Specific responsibilities for the ward

What is important to write in this section of the contract for babysitting services:

1. Supervising the child, guaranteeing his safety.
2. Compliance with the children's regime of the day (negotiated with the customer).
3. Time, routes, places of walk with the child.
4. Escort to educational institutions, sections, studios, circles and so on.
5. Developing activities with the child, taking into account its individual characteristics - outdoor games, speech development, reading, dancing, singing, drawing and so on.
6. Cooking, warming up, ordering food for the child. Feeding according to the schedule approved by the customer. Washing dishes.
7. Development of self-care skills in the ward. Hygienic education of the child.
8. Occupation with wards, gymnastics.
9. The maintenance in the order of a nursery, toys, things of the child.
10. Washing, ironing, changing clothes for the ward.
11. First aid, negotiated treatment with the customer.
12. Other items at the request of the parent.

What is forbidden to the performer

The contract for the provision of babysitting services must also contain a number of prohibitions - the customer prescribes that the contractor should in no case do with respect to the child. For instance:

1. Somehow to punish the ward, raise his voice, scold.
2. Leave the child alone, unattended.
3. Transfer your responsibilities to third parties.
4. Come to work, feeling unwell, signs of a cold or other infection that may be transmitted to the child.
5. To treat the child with food, drinks, give him medicine without the approval of the customer.
6. Combine a walk with doing your business: personal meetings, shopping trips and so on.
7. Disseminate information about the customer’s family, his financial situation, the situation of the apartment to third parties.
8. Let your acquaintances into the customer’s house, open the door to unauthorized persons.
9. Introduce your friends, relatives, and acquaintances to the child. Invite other children to play with him at the customer’s house (without the consent of the latter).
10. Read adult literature to the child, turn on the TV with him, watching programs that are interesting to the performer.
11. Communicate on social networks, instant messengers to the detriment of time spent with a child. Game, viewing cartoons, programs with it on your phone or tablet.

Artist Rights

An employment contract for the provision of the services of a nanny-housekeeper should also contain a special section on the rights of the performer. This is what is standardly prescribed here. The nanny is qualified:

1. Provide their services based on the terms of this agreement.
2. In full and within the agreed time period to receive a monetary reward for work.
3. To abandon the labor activity held together by this agreement by warning the customer of his decision two weeks before the intended date of termination of the agreement.
4. Protect your interests, rights and freedoms in accordance with applicable Russian law.

Customer Responsibilities

A sample contract with the nanny for the provision of services also provides for a number of obligations of the customer-parent:

1. Timely payment of cash remuneration for work in full (according to the contract).
2. Providing the performer with everything necessary for the performance of the duties of a nanny.
3. Tactful, business relations with the contractor. Prevention of discrediting the nanny in the eyes of her ward.
4. Ensuring the safety of personal data of the contractor.
5. Compliance with such a regime of work and rest of the nanny, which would not go against the current requirements of the Russian legislation.
6. If the contractor’s working day is delayed until 22:00 local time, the customer is obliged at his own expense to call a taxi from the nanny's place of work to her place of residence.
7. Preliminary warning of the contractor about changing requirements, remuneration, work schedule, as well as the decision to refuse his services.
8. If the employment of the nanny with the child is more than five hours a day, then the parent customers are obliged to provide the employee with the necessary food. Or provide products that she can use to prepare meals for lunch.

Customer Rights

When concluding a contract for babysitting services without intermediaries, the customer, as well as the contractor, is vested with a certain set of rights. It includes the following:

1. The requirement that the executor fulfill all the nanny duties prescribed in this contract.
2. The requirement to take care of your property - both in the nursery and throughout the house.
3. Ask the contractor to provide a report on his work.
4. In the manner that the current Russian legislation provides, to recover from the nanny the material damage caused to him (the customer).
5. To defend all the rights of the customer provided for by relevant legislative acts of the Russian Federation.
6. At any time, refuse the services of a contractor. But only warning the latter in advance.

Dispute Resolution

Like any other labor agreement, this should include a procedure for resolving disputes. In this section, lawyers advise not to prescribe something of their own, but to use a common template for documents:

1. All disputes and disagreements that may arise between the two parties under this agreement or in any connection with it are resolved in two ways: in the negotiation process or within the framework of the current legislation of the Russian Federation.
2. The document is made in duplicate, having the same legal force. Additions, changes to this agreement are valid under two conditions: made in writing, endorsed (signed, approved) by both the customer and the contractor.

Information about the parties, conclusion

The contract ends with the nanny as standard - indicating the personal data of both parties. This is the following information:

• FULL NAME.
• Passport data.
• Address of residence, registration.
• Contact number.

Then each of the parties under the column with its data signs. After the signature in brackets indicates its decoding.

Attachments to the contract

At the request of the customer, the contract is not prohibited from supplementing with an application (s) with instructions for the future activities of the nanny:

• Rise time.
• Hygienic procedures, their regularity.
• The time a child takes food - breakfast, lunch, afternoon snack, dinner and so on.
• A list of desirable and undesirable dishes.
• List of necessary games, educational and sports activities with the ward.
• The ban on some games, activities of the child.
• Daytime sleep - duration, preparation for it.
• Walking - duration, location.
• Recommendations about the street, home, nightwear of the child.
• The rules for cleaning, keeping the nursery and home in order.

Thus, the contract for the provision of babysitting services is a full-fledged labor agreement. In many ways, it is similar to the official one. However, the customer is allowed to make some additions according to the specifics of the activity, attach attachments to the document.