Sample of Draft Contract Between Au Pair  and Host Family

Host Family

 

Last name: ____________________ Given name(s):  ____________________

Relationship with the person(s) receiving care: _

_________________________

Street address: ___________________________________________________________

City:  __________________  Province/Territory:  ____________ Postal Code: __________

Telephone (home): _________ Telephone (work): _________ Email: __________

HOST FAMILY MEMBER  #2 (if applicable)

Host family information should  be provided for each person who will contribute to wages paid to the Au pair  or will provide instruction to the Au pair .

 

Last name: ____________________ Given name(s):  ____________________

Relationship with the person(s) receiving care: __________________________

Street address: ___________________________________________________________

City:  __________________  Province/Territory:  ____________ Postal Code: __________

Telephone (home): _________ Telephone (work): _________ Email: ___________

Au pair  –

Note: provide  Au pair's current address, i.e. overseas address if foreign worker is still living overseas.

Last name:  __________________________   Given name(s): ______________________

Date of birth (YYYY/MM/DD):___________________________________________________

Street address:  ___________________________________________________________

City:  __________________  Province/Territory:  _______________  Country: __________

Postal Code: _____________

Telephone (home):  __________ Telephone (work): ___________  Email: _____________

Au pair place of work  

Will the Au pair  work at host families residence as indicated above?

Yes      No 
If no, provide the details of where the Au pair will work and reside :
Street address: ___________________________________________________________

City:  __________________  Province/Territory:  _______________  Postal Code: _______

Telephone (home):  _________________  Telephone (work): _________________ 

Email: ___________________

Description of the house and the household
Total number of rooms: _________                          Total number of bedrooms: ______
Details of all household members (ALL adults and minors residing in the house):

Surname	Given name(s)	Age
1.
2.
3.
4.
5.

If more space is required, add an annex to this contract and cross-reference.

The PARTIES agree as follows:

Duration of contract
This contract shall have a duration of ________________months from the date the Au pair assumes his/her functions.  Anticipated start date   ____________

Work permit
Both parties agree that this contract is conditional upon the Au pair obtaining a valid work permit pursuant to the Immigration Rules of the host family country , and his/her entry into the host families country.

Job description
The Au pair  agrees to provide services as a live-in  Au pair  and carry out the following tasks in the home of the person requiring care.
Details of person(s) requiring care:

Last name	Given name	Age	Type of care (child, elderly or disabled)
1.
2.
3.
4.
5.

If more space is required, add an annex to this contract and cross-reference.
Describe care responsibilities/duties (specify if there will be meal preparation, shopping, driving, housekeeping, pet care, etc.):
________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

 

Work schedule and wages
The parties agree to abide by provincial/territorial labour/employment standards regarding wages and leave.

1. The Au pair shall work ______ hours per week.
2. The Au pair's workday shall begin at ______ and end at ______, or if the schedule varies by day, specify work hours: _____________________________________________________________________
   
   _____________________________________________________________________
3. The Au pair shall be entitled to ______ minutes for each paid___ or unpaid ___meal break.
4. The Au pair  shall be entitled to ___ number of paid___ or unpaid___ health break of ____minutes.
5. The Au pair shall be entitled to ______ day(s) off per week, on _____________.
6. The   Au pair           shall be entitled to ______ days of paid vacation per year. The schedule shall be confirmed by the Host family  and the Au pair  at least ___ weeks in advance of the proposed date.
7. The       Au pair     shall be entitled to ______ days of paid___ or unpaid___sick leave per year.
8. The    Au pair    shall be entitled to all applicable provincial, territorial and national statutory and public holidays with pay.
9. The  Host family    agrees to pay the Au pair   for his/her work by cheque or alternate means if mutually agreed and with documentation and receipts, the gross wages before deductions in the amount of:
   
   $ _________ per hour worked. Equivalent to $________ per week.
10. The    Au pair  agrees to pay the wages on the following basis:
    
    ____weekly                   ____bi-weekly                  ____monthly.    
11. The     Host family  agrees to pay the Au pair  for his/her overtime hours for all hours worked over the required hours confirmed in item 1 in accordance with provincial/territorial labour/employment standards.
12. The  Host family  agrees to regularly review and adjust the Au pair  wages to ensure they meet or exceed the prevailing wage rate requirements
13. 
    The Host family and Au pair  will indicate wage increases by amending no.9 of this section of the contract in writing, and with all Host family  and Au pair  signatures and the date of the amendment.
14. The Host family agrees to pay taxes and submit all deductions payable as prescribed by law  ( where applicable in the Host families country. )

NOTE: Host families  are reminded that overtime hourly rates may vary, for example, depending on the day of the week or for national statutory or public holidays.

Recruitment Fees
The Host family  shall not recoup from the Au pair,  through payroll deductions or any other means, the fees they have paid to a third party recruiter or recruitment agency, or their authorized representative(s), for services related to hiring and retaining the Au pair .
NOTE: Should the Host families  third party recruiter or recruitment agency, or their authorized representative(s), charge the Au pair for any recruitment fees, the Host family  must reimburse the Au pair in full for any such costs disclosed with proof by the Au pair .

Accommodation

1. The Host family agrees to ensure that reasonable and proper accommodation is available for the Au pair , and shall provide the Au pair  with suitable furnished accommodation. Suitable accommodation is housing that meets municipal building requirements and health standards . This includes a private unit or a room with a lock and which therein provides living and sleeping facilities intended for human habitation with no visible or structural repairs required.
2. The Host family agrees to provide the Au pair with meals, where applicable, and an adequate, properly heated and ventilated room. The door of the room shall be equipped with a lock and a safety bolt from within the room and the Au pair  will be provided with the corresponding key.
3. The Host family shall provide the Au pair  with independent access to the residence (for example, house keys, security code) where the Au pair  resides.
4. The Host family agrees to provide the Au pair with (check if applicable):
   
    Private bathroom
   
    Telephone (charge of $_____ per month or no charge___ except for long-distance calls)
   
    Radio (in his/her room)
   
    Television (in his/her room)
   
    Internet access (____charge of $____ per month or ____no charge)
   
    Other, specify:____________________________________________________
   
   Description of Au pair 's room and furnishings:
   _________________________________________________________________
   
   _________________________________________________________________
   
   _________________________________________________________________

Transportation costs

Health care insurance

1. Where health care is not provided by the State/host country then the Host family agrees to provide health care insurance of equal coverage to that of the public provincial/territorial health insurance plan at no cost to the Au pair until such time as the EMPLOYEE is eligible for applicable provincial/territorial health insurance.
2. The Host family agrees not to deduct money from the Au pair's wages for this purpose.

Notice of resignation
Should he/she wish to terminate the present contract, the Au pair  agrees to give the Host family  written notice thereof at least _______ weeks in advance.

Notice of termination of employment
The Host family  must give written notice before terminating the contract of the Au pair . This notice shall be given at least ______ weeks in advance.

CONTRACT SUBJECT TO PROVINCIAL/TERRITORIAL LABOUR AND EMPLOYMENT LEGISLATION OF THE HOST FAMILIES COUNTRY   

The following provision will apply where there is particular employment legislation in the Host family's country,

The Host family is obligated to abide by the standards set out in the relevant provincial/territorial labour/employment standards laws of the host country. In particular, the HOST FAMILY must abide by the standards with respect to how wages are paid, how overtime is calculated, meal periods, statutory/public holidays, vacation leave, family leave, benefits and recourse under the provisions of the applicable Provincial/Territorial Employment Standards Act. Any terms of this contract of employment less favorable to the Au pair  than the standards stipulated in the relevant labour/employment standards act is null and void.

SIGNATURE OF THE HOST FAMILY  EMPLOYERS

I have read and understand this contract as well as the notice regarding personal information.
I declare that the information I have given in this employment contract is truthful, complete and correct and that I will abide by the terms and conditions outlined therein.
I will abide by the employment and labour standards in the province/territory where the Au pair resides.
I will provide a Record of Employment on termination of employment.
I agree to maintain complete records of employment, including any additional or overtime hours worked and to provide the employee with accurate records reflecting their employment, salary and allowable deductions on their behalf.
Host family  member  #1:
Given name (print): _____________________________

Surname (print): _______________________________

Host family member  Signature: __________________________

Date (YYYY/MM/DD): ____________________________
Host family member  #2 (if applicable):

Given name (print): _____________________________

Surname (print): _______________________________

Host family  #2 Signature: _________________________

Date (YYYY/MM/DD): _____________________________
Add above information and signature of all Host family  listed on this employment contract.

SIGNATURE OF EMPLOYEE
I have read and understand this contract as well as the notice regarding personal information.
I declare that the information I have given in this employment contract is truthful, complete and correct and I will abide by the terms and conditions outlined therein.
I will abide by the terms and conditions of this employment contract and the employment and labour standards in my province/territory of residence.
Given name (print): ______________________________

Surname (print): ________________________________

Au pair  Signature: ___________________________

Date (YYYY/MM/DD): _____________________________