Reminder on the responsibility of parents and employers when stopping the services of a childminder

Family law

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In a recent case, the Court of Cassation stressed the importance of informing a childminder in advance when a parent no longer wishes to use her services. This notification must be sent by registered letter with acknowledgment of receipt. The case concerned a parent who had entrusted his child to a childminder for more than a year, but who suddenly took the child away without  warning  .

Importance of telling the nanny in advance: –

The employer in this situation challenges the decision of the Court of Appeal which ordered him to compensate the childminder for the lack of notice, to pay severance pay and to recognize the non-compliance with the procedure of termination provided for in the employment contract.

According to the Court of Cassation, removing a child from a childminder without respecting the rules of the art constitutes a breach of contract. Although the provisions of the Labor Code regarding dismissal are not directly applicable to the employment contract between a childminder and a private employer, the parent nevertheless has the obligation to inform the childminder of his decision by registered letter. with acknowledgment of receipt. The date of the first presentation of this letter serves as the starting point for any notice period that may be required.

The consequences of non-compliance with termination procedures: –

The Court ruling highlights the importance of following the necessary steps and fulfilling the obligations when terminating the services of a childminder. By providing notice and adhering to the prescribed method of notification, parents can ensure compliance with legal requirements and avoid potential disputes or liabilities.

This information was provided by Cabinet DAMY in 2022 and serves as a reminder to parents and employers of their responsibilities when stopping the services of a childminder. It is always advisable to consult legal professionals or seek appropriate advice to understand the specific legal obligations and applicable procedures in such  situations  .