Convention Collective Assistant Familial Template for France

When you work as an assistant familial in France, you need a comprehensive employment contract that complies with French child protection laws and labor regulations. The Convention Collective Assistant Familial serves as your primary legal document, establishing the professional relationship between you and your employer while protecting both parties' rights and obligations under the Code de l'action sociale et des familles.

When do you need this document?

You require this contract whenever you begin employment as a professional family assistant with a departmental social service (Service départemental de l'aide sociale à l'enfance) or an approved placement organization. This applies whether you're starting your first position after obtaining your professional accreditation or transitioning between employers. The contract is mandatory for all family assistants who provide temporary or long-term care for children placed by French social services. You'll also need to update your contract when your accreditation is renewed, when your care capacity changes, or when significant modifications occur to your working conditions or compensation structure.

Key legal considerations

Your contract must clearly define your professional accreditation details, including the number and validity period of your agrément. Pay particular attention to clauses covering your care capacity, as exceeding the authorized number of children can result in serious legal consequences. The contract should specify your base salary, various allowances, and payment modalities in accordance with the national collective agreement for family assistants. Working time arrangements require careful consideration, as your role involves continuous availability while respecting mandatory rest periods. Include provisions for professional training requirements, as ongoing education is legally mandated. The contract must also address confidentiality obligations regarding the children in your care and their families, liability insurance requirements, and procedures for contract termination or suspension.

Legal requirements in France

Under French law, your employment contract must comply with multiple regulatory frameworks. The Code de l'action sociale et des familles governs your professional status and working conditions, while the Labor Code applies to general employment provisions including leave entitlements and working time regulations. Law n° 2005-706 of 27 June 2005 defines your professional status and requires specific training completion before you can begin working. Decree n° 2006-627 of 29 May 2006 details the accreditation process and professional exercise modalities that must be referenced in your contract. The national collective agreement for family assistants establishes minimum standards for compensation and working conditions that cannot be waived. Your contract must specify compliance with child protection protocols and reporting obligations to social services. Additionally, you need adequate professional liability insurance coverage, and your employer must provide necessary equipment and support for fulfilling your care responsibilities safely and effectively.