Key Benefits:
The Prime Minister,
On the report of the Minister Delegate for Employment, Labour and Youth Employment and the Minister Delegate for Social Security, the Elderly, Persons with Disabilities and the Minister Family,
In view of the Labour Code, in particular Articles L. 773-5 to L. 773-29;
In view of the Code of Social Action and Families, in particular Articles L. 421-2 to L. 422-8;
Due to Act No. 2005-706 of 27 June 2005 on Maternal Assistants and Family Assistants,
Décrète:
Chapter III of Title VII of Book VII of the Labour Code is replaced by the following provisions:
"Chapter III
" Maternal wizards and family wizards
" Section 1
"Common provisions
" Art. D. 773-5. -The allowances and supplies for the maintenance of the child received by a maternal assistant referred to in Article L. 773-5 shall cover and include:
" -the materials and products of sleeping, childcare, games and activities intended for the child, with the exception of the layers, which are provided by the parents of the child, or the costs incurred by the maternal assistant as such;
" -the share of the general expenses of the maternal assistant's housing.
" Where no supply is made by the parents of the child or by the employer, the amount of the maintenance allowance may not be less than 85 % of the guaranteed minimum referred to in Article L. 141-8 per child and for a day of nine hours. This amount is calculated based on the actual daily welcome time.
" The amount of the maintenance allowance may be reviewed to reflect the changing needs of the child.
" Meals shall be provided either by the parents or by the maternal assistant by means of a food allowance paid by the employer of an amount agreed with the
. Art. D. 773-6. -The allowances and supplies intended for the maintenance of the child entrusted to a family assistant referred to in Article L. 773-5 shall cover the costs incurred by the family assistant for food, accommodation, personal hygiene and leisure Family and proximity travel related to the daily life of the child, with the exception of clothing, pocket money, specific cultural or sports activities, holidays and school supplies, Under the individualised child project referred to in Article L. 421-16 of the Code of Social Action and Families.
" The amount of allowances and supplies provided for in the first subparagraph shall not be less than 3.5 times the guaranteed minimum referred to in Article L. 141-8; it may be modulated according to the age of the child.
" Section 2
"Maternal wizards
" Art. D. 773-7. -The contract of employment of the maternal assistant shall mention, in particular, compliance with the approval granted to him:
" -the parties to the contract;
" -worker's maternal assistant quality;
" -the approval decision issued by the President of the General Council;
" -the workplace (home address of the maternal assistant);
" -the guarantee of insurance underwritten by the employee or the employer, as the case may be;
" -contract start date;
" -duration of the trial period;
" -the type of contract and, if it is a fixed-term contract, its duration;
" -the applicable collective agreement, if applicable;
" -the usual hours of reception of the child (s) entrusted to it;
" -the weekly working time or, where applicable, expected monthly and the distribution of the working hours between the days of the week or weeks of the month;
" -the cases in which and the manner in which it is possible to modify, on an occasional basis, the reception hours, the weekly or monthly working hours and the distribution of that duration;
" -weekly rest day;
" -remuneration and its method of calculation, in accordance with the provisions of Act No. 78-49 of 19 January 1978;
" -items relating to supplies and maintenance allowances, as well as to the provision of meals and food allowances;
" -the arrangements for determining leave periods, in accordance with the provisions of Article L. 773-16 of the provisions of Article L. 773-16 in respect of maternity assistants employed by
; -the duration of the notice in the event of a breach of the contract of employment on the initiative of either
. In addition, the contract of employment of maternity assistants employed by individuals specifies the name and date of birth of the child (s)
. Similarly, the contract of employment of the maternity assistants employed by legal persons specifies the number of places of reception of the maternal assistant and the details of their use, as well as the amount of the compensation for the absence due Pursuant to Article L. 773-9.
" Art. D. 773-8. -Without prejudice to allowances and supplies intended for the maintenance of children, the remuneration of maternity assistants shall not be less than 0.281 times the amount of the minimum wage per child and per hour of
. Hours worked in excess of 45 hours per week shall be subject to an increase in remuneration, the rate of which is fixed by an agreement or an extended branch agreement, an agreement or an enterprise or establishment agreement, or, failing that, By agreement between the maternal assistant and his employer (s).
" Art. D. 773-9. -The compensatory allowance payable to the maternal assistant employed by a legal person under the provisions of Article L. 773-9 shall not be less than half the minimum wage fixed in Article D. 773-8.
" Art. D. 773-10. -It may be derogated from the provisions of Article L. 773-10 in order to ensure the reception of a minor without interruption for two or more consecutive days, for reasons relating to the unavailability of the parent (s) as a result of their work or Their health status.
" Art. D. 773-11. -The agreement of the maternal assistant to work for a period longer than that defined in the second subparagraph of Article L. 773-11 shall be written. The maternal assistant shall not be adversely affected by any refusal.
" Legal persons who employ maternity assistants shall keep at the disposal of the labour inspectorate for a period of three years the document (s) to be used to record the number of hours worked by the And the agreements referred to in the first paragraph of this
. The labour inspector may prohibit or restrict, for reasons of safety or health, the duration defined in the second subparagraph of Article L. 773-11.
" Section 3
"Terms applicable to
maternity wizards employed by individuals
" Art. D. 773-12. -In the absence of the agreement provided for in Article L. 773-16, the maternal assistant under this section who has several employers may fix four weeks of his leave during the period from 1 May to 31 October of the year, and Week in winter provided that his employers are notified no later than March 1 of the year in question.
"Section 4
" Provisions applicable to maternity assistants And family
wizards employed by private legal entities
" Art. D. 773-13. -The remuneration of maternity assistants and family assistants covered by this Section shall be increased, in accordance with Article L. 773-17, in cases where actual constraints, due to special care or special education Trained by the child's health, weigh on them.
" This increase is revised in the light of changes in the child's health status. It cannot be less than 0.14 times the minimum wage for growth per child and per hour of care for maternity assistants. For family assistants, the increase provided for in the first subparagraph shall not be less than 15.5 times the minimum wage per month for a child received on an ongoing basis. This mark-up cannot be less than half of the minimum growth wage per day for a child received intermittently.
" Art. D. 773-14. -The maternal assistant under this section, suspended from his duties pursuant to Article L. 773-20, shall receive an allowance whose monthly amount may not be less than 33 times the amount of the minimum wage by Month.
" Where a family assistant is suspended from his duties pursuant to Article L. 773-20, he shall receive a compensatory allowance which shall not be less than, per month, at the minimum amount of the share corresponding to the overall function Defined in item D. 773-17.
" Art. D. 773-15. -The minimum amount of the termination indemnity provided for in Article L. 773-23 shall be equal, by year of service, to two-tenths of the monthly average of the sums received by the person concerned in respect of the six best consecutive months of salary paid By the employer who terminates it.
"Section 5
" Provisions applicable to maternity assistants
employed by private legal entities
" Art. D. 773-16. -The amount of compensation provided for in the first subparagraph of Article L. 773-25 shall not be less than 70 % of the pre-departure pay of the child calculated on the basis of the minimum amount provided for in Article D. 773-8. The previous earnings shall be calculated on the basis of the average child's length of stay in the six months preceding the child's
. The amount of compensation provided for in the second subparagraph of Article L. 773-25 shall not be less than 70 % of the remuneration prior to the suspension of duty calculated on the basis of the minimum amount provided for in Article D. 773-8. The previous earnings shall be calculated on the basis of the average length of stay of the child (s) received in the six months preceding the suspension of duty.
" Section 6
"Terms applicable to family wizards
employed by private law corporations
" Art. D. 773-17. -The remuneration of a family assistant serving a child on an ongoing basis consists of two parts:
" (a) A share corresponding to the overall hospitality function, which cannot be less than 50 times the minimum wage per month;
" (b) A share corresponding to the reception of each child who cannot be less than 70 times the minimum wage per month and per child.
" When the child is received intermittently, the family assistant's remuneration may not be lower, per child per day, four times the minimum wage.
" Art. D. 773-18. -The amount of the waiting allowance provided for in Article L. 773-27 may not be less than, per day, 2.8 times the minimum wage for growth
Where a family assistant receives a child intermittently during the four-month period provided for in Article L. 773-27, the child shall be extended by the number of receiving days.
" Art. D. 773-19. -The minimum duration provided for in the third subparagraph of Article L. 773-28 shall be 21 calendar days, of which at least 12 consecutive days. The request of the family assistant must be received by his employer no later than three months before the first day of the requested
. The number of days of leave that may be carried forward in accordance with the penultimate subparagraph of Article L. 773-28 shall be up to 14 per year.
" Art. D. 773-20. -Where, in the case provided for in Article L. 773-29, a family assistant envisages the exercise of another activity, he must send his application to his employer by registered letter with acknowledgement of receipt. The employer's reply must be communicated to the family assistant within one month from the date of receipt of the acknowledgement of receipt of the family assistant's written request. The refusal of the employer must be justified. "
Maternity assistants and their employers shall comply with the provisions of this Order no later than September 1, 2006.
When a family assistant receives more than three children on an ongoing basis on the date of entry into force of this Order, the monthly remuneration he collects cannot be Less than 84.5 times the minimum growth wage for each of the children allowed beyond the third child, up to the end of the hosting contract for them.
As a transitional measure, the remuneration for a family assistant cannot be lower:
-until December 31, 2006, at 84.5 times the minimum growth rate per month and for a child received on an ongoing basis. Where the child is received intermittently, the remuneration may not be less than three times the minimum wage per child per day;
-effective January 1, 2007 and until 31 December 2007, the remuneration of a Family assistant for a child may not be less than 93 % of the amounts set out in Article D. 773-17 of the Labour Code.
The Minister of Employment, Social Cohesion and Housing, the Minister of Health and Solidarity, the Minister of Employment, Labour and Youth Employment and the Minister Delegate to social security, the elderly, the people With regard to the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, 29 May 2006
Dominique de Villepin
By the Prime Minister:
The Minister of Health and Solidarity,
Xavier Bertrand
The Minister of Employment,
Social Cohesion and Housing,
Jean-Louis Borloo
Associate Minister Employment,
work and youth work placement,
Gérard Larcher
The minister responsible for social security,
for the elderly,
for people with disabilities
and the family,
Philippe Bas
