Cesu Household and employment contract: How to do in the event of a break?

For the past few weeks, a few months or several years, you have used a cleaning lady to assist you in the maintenance of your home.Today, because the situation has changed, because your parents settle in retirement home, because you are going to move or because your home help has found another job, you will have to end his contract.

How to do in case of dismissal or resignation?When to envisage a CEU conventional break?

Should we do an employment contract with CESU?

Below 8 hours per week or 4 consecutive weeks of presence, the drafting of an employment contract is not compulsory.The CESU declaration replaces it.

However, it is strongly recommended to establish a contract on behalf of your employee, regardless of his presence time at home.This official document makes it possible to specify certain contractual elements such as the tasks to be performed, the working hours or the level of remuneration.

The CESU employment contract can take the form of a fixed -term contract (fixed -term contract) or a CDI (indefinite contract) according to your needs.Cesu contract forms also exist to simplify your steps.

In what cases in which to end the employment contract?

Many reasons can push employers and employees to want to end the employment contract that binds them:

In any case, in the event of dismissal the reason mentioned must be valid and correctly formulated with regard to the law.In the event of disagreement, your house employee can if he wishes and by being helped or not a lawyer, seize the Labor Council for two reasons:

If his appeal is validated, the individual employer may be ordered to pay damages sometimes representing, several months of wages.

The resignation of your cleaning employee

For a personal or economic reason that does not look at that, your cleaning lady has chosen to resign.In this case, she must give you a handwritten resignation letter, then respect a notice whose duration is defined according to the seniority of her contract:

At the end, you must give him a receipt for balance of any account, a certificate to be transmitted to Pôle Emploi as well as an CESU work certificate.

The dismissal of your CESU cleaning lady

Do you want to fire your home household help using the job service check?As we have seen, you must have a real and serious cause, verifiable and as far as possible, imperative.

Note that article R.1232-13 of the Labor Code gives your cleaning lady the opportunity to ask you for details in relation to the reasons invoked.This request must be formulated within two weeks of the notification of the dismissal, by registered letter with acknowledgment of receipt or delivery against receipt.

What are the reasons for dismissal in CESU?

CESU dismissal causes can be varied, but must meet one or other of these two criteria to be legally taken into account.

In the event of the employer's death, the procedure adopted is that of the dismissal.The employment contract then ends in date of the disappearance and fixes that of the start of notice, of the person employed.

What procedure should be followed?

As an individual employer, you must follow an imposed procedure, which takes place on average, within two weeks:

In the event of a move for example, remember to anticipate the end of your employee's end of contract.To do this, take into account procedural deadlines, but also notice, your cleaning lady.Note, however, that it is possible to provide your notice employee although they must be paid and increased by 10 % for paid holidays.

What about the dismissal allowances?

The dismissal allowances are due in all cases of dismissal as soon as your employee has 8 months of seniority, unless a serious fault is attested.

To establish your calculation, take as a base a quarter of the most favorable average gross monthly salary for your cleaning lady over the last 3 or 12 months and multiply it by the number of years of seniority for the first 10 years.For the following years, it is a third of the most favorable gross monthly salary that counts.

Note that the dismissal allowances are to be paid in gross at the time of the balance of any account and are not the subject of any social charge.As an individual employer, you are therefore not required to declare them to CESU or URSSAF.Conversely, they must appear on the Pôle Emploi certificate given to your employee.

Can you dismiss your Cesu cleaning lady without an employment contract?

If it is preferable to establish an employment contract for your employee at home, below 8 hours of work per week or 4 weeks of consecutive work, this document is not compulsory.

However, in the event of dismissal, the procedure is the same as for a contract-house under contract.The obligations are the same and your employee has just as right to pay compensation if she meets the conditions.

Be careful however, make a cleaning lady work without a contract exposes you to risks and sanctions of up to 3 years' imprisonment and € 45,000 fine.When not notifying him of the termination of his contract, your cleaning lady can do anything to turn against you by approaching the Labor Council.

CESU contractual termination for your cleaning lady

When there is a real disagreement or an incompatibility between the employer and his employee, the amicable rupture is the best solution to put an end to the employment contract without damaging any of the two parties.

Cesu conventional rupture is renowned for being faster and above all more flexible than dismissal CESU.Also, since initiated by mutual agreement, it is possible even in the event of pregnancy, maternity leave or work stoppage.The procedure is as follows:

At the end of the contractual termination, the employee automatically and unwinding from seniority, of contractual termination allowances at least equal to the quarter of the average gross monthly salary (average most favorable to the employee in the last 12 or 3 monthswork) per year of seniority for the first 10 years then to the third for the following years.

Note, unlike the dismissal allowances, the contractual termination allowances are partly subject to the charges.The legal termination indemnity is not concerned by the social security contributions, while the compensation "supra legal" is.

Your employee can also be paid unemployment benefits according to his situation.

In summary

How to manage the resignation of your CESU cleaning lady?

To resign, the CESU cleaning lady gives her employer a handwritten letter of resignation and respects a starting notice from a week to one month, depending on her seniority.For his part, the individual employer sent him a receipt for any account balance, a center employment certificate and a CESU work certificate.

How to organize a CEU conventional break for your cleaning lady?

To carry out a CESU contractual termination, organize one or more conventional rupture interviews, establish the approval form, comply with a withdrawal period of 15 calendar days from its date of signature, then send your request to approve forCesu conventional rupture to direct.

How to dismiss an Cesu cleaning lady without a contract?

The CESU cleaning lady who works less than 8 hours per week or less than 4 consecutive weeks per year, has the same rights as any other employee at CESU contract.The dismissal procedure is therefore the same in the presence of a contract or not.