Contrat Assistante Maternelle Template for France

A Contrat Assistante Maternelle is a specialized employment contract that governs the professional relationship between parents and licensed childminders (assistantes maternelles agréées) in France. This legal document ensures compliance with strict French regulations while protecting the rights of all parties involved in childcare arrangements.

When do you need this document?

You need this contract when hiring a licensed childminder to care for your child in their home. It's mandatory under French law whenever you employ an assistante maternelle, whether for regular daily care, occasional babysitting that exceeds casual arrangements, or temporary childcare during school holidays. The contract is also required when transitioning from informal to formal childcare arrangements, when changing childcare terms with an existing provider, or when the childminder's accreditation is renewed. Parents must establish this legal framework before childcare services begin to ensure protection under French employment law.

Key legal considerations

Your contract must include the childminder's valid departmental accreditation number and specify the exact care location address, as childminders can only work from their approved premises. Compensation provisions are critical and must comply with the Convention collective nationale des assistants maternels, covering hourly wages, monthly salary calculations, maintenance allowances, and meal reimbursements. Working hours and overtime provisions must align with labor law limits, while holiday entitlements require careful calculation under specific childminding regulations. The contract should address liability insurance requirements, as both parties need appropriate coverage. Termination clauses must respect notice periods defined by the collective agreement, and you should include provisions for sick leave, professional development days, and emergency situations.

Legal requirements in France

French law mandates that childminders hold current accreditation from their local Conseil départemental, valid for five years and renewable through continuing education. The contract must comply with Articles L421-1 to L421-18 of the Code de l'action sociale et des familles, which govern professional standards and working conditions. You must register as an employer with URSSAF and handle social security contributions, while the childminder's professional status is protected under the 2005 law establishing their employment rights. The agreement must specify care arrangements within the accreditation limits (typically maximum four children simultaneously) and include mandatory insurance coverage. Documentation requirements include keeping records of working hours, payments, and any incidents, while both parties must respect confidentiality obligations regarding family and professional information.