The most important thing for parents is the health and well-being of the child. This is the main thing to think about when you hire a nanny, because she will be responsible for the child in your absence.
Formal relations in any sphere of life always provide additional guarantees to both parties, whether it is a large transaction for the purchase of expensive goods or babysitting services. It does not matter, such a contract is concluded with the nurse directly, or through the agency for the selection of domestic staff. It is necessary to understand that a written contract is primarily a legal purity of the transaction, which will help prevent possible problems in the future.
So, consider in detail the most important points!
1. First, the details of the nanny, that is, the full name, date of birth, series and passport number, address of registration will be reflected in the contract. It is necessary that these data fully coincide with the passport, because there are not rare cases when babysitters robbed the family on the very first day, and the lack of reliable details allowed them to avoid responsibility.
The presence of such details in such situations will allow law enforcement agencies to quickly get on the trail of a criminal or go to court. At the same time, a serious approach of parents to the execution of a contract in writing has a precautionary function, that is, it excludes in advance some unscrupulous candidates.
2. Secondly, in a written contract, you can foresee all the wishes of parents, namely, priorities in food, places for walks, a child’s daily routine, procedures for dealing with illness or injury, the form and order of payment of remuneration under the contract, and so on. . Having written down all the essential moments in advance, you will minimize the situation when the nanny “forgot” something.
And if the nanny still does not fulfill your wishes, you can apply appropriate levers of responsibility, for example, penalties for non-performance or improper performance of the contract (they must also be provided in advance).
3. With regard to the technical execution of such an agreement, it should provide for:
- complete and reliable details of the parties, including passport data;
- subject of the contract;
- rights and obligations of the parties;
- the order of payment under the contract (that is, the frequency and amount of payment must be indicated, cash or cashless payments are provided; if payments are made in cash, payment confirmation must be provided, for example, receipts; if in a cashless form, bank card details, etc. );
- the procedure for termination of the contract;
- conditions of liability for improper performance of the contract;
- signatures of the parties (if the contract is contained on several sheets, then signatures must be on each of them);
- the contract must be in duplicate, one for each party.
4. If parents want to install video surveillance in order to monitor the work of the nanny, then her written consent is necessary. For video filming without the knowledge of the employee, criminal liability may be threatened in accordance with article 138.1 of the Criminal Code of the Russian Federation “Illegal circulation of special technical equipment intended for secretly obtaining information”, which can be punished for up to four years in prison.
Moreover, the motive of the hidden video does not matter, therefore, to avoid unpleasant consequences, it is better to immediately secure the consent of the nurse to such control. It should, however, be noted that criminal liability comes precisely for hidden video filming. In other cases, there may be administrative or civil liability for the illegal processing of personal data.
If the nanny agrees to work on a written contract and does not object to video filming, then we can conclude that she will be conscientious in her work.