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FAQS - AuPair & Care

FAQS

Aupairs and families

1How can I be Au-pair

According to the legislation that exists in Europe it would be:

  • Young people with ages understood between 18 and 30 years
  • That possess minimal knowledge of the language.
  • Preferable not smokers.
  • It is valued that they have driving license.
  • Normally the families prefer for girls receive, although also boys accept some countries

It is not possible to consider to be Au-pair inside the same country from which the person usually lives, since it would be a question of another type of figure out of the frame as Au-pair.

2What responsibilities will I have like au pair?

On having remained inside the reception family, you will be like one more of the same one, like you to make responsible of the care of the children / experts of the family and tasks related to the same ones. It is necessary to remind to you that you are not an employee / employee of the family, like figure of Au-pair, you are part of the family and there has to allow you, between other one things, have free time to be able to combine with your studies of the language.

Other related responsibilities in spite of being Au-pair:

  • To wash and to iron the clothes of the children / experts.
  • To do the meal to them.
  • To help them in the duties.
  • To arrange and to clean its room.
  • To take them and to gather them from the school and/or out-of-school activities.
3What compensation will I take as Au-pair?

After determining your responsibilities with the family in the contract (to bear in mind the maximum hours that will have been to work in the country of destination, free time, etc.), you will have a right to a weekly or monthly pay, a room and maintenance in charge of the family.

4What do I have to know about the regulation Au-pair?
You should of finding out on the corresponding regulation to be Au-pair in the destination country. One exists I agree between countries of the European Union that it exhibits the following thing:
HEADQUARTERS OF THE STATE, European Agreement of November 24, 1969 ratified by Instrument of June 24, 1988
Article 3.
The laying «au pair» that initially will not exceed a period of one year, will be able to extend nevertheless up to a maximum period of two years.
Article 4. 1. The placed person «au pair» will not have a low age at the age of seventeen not top at the age of thirty. 2. Nevertheless, in certain cases, and when the circumstances justify it, the competent authority of the country of reception will be able to grant exceptions to the maximum age limit.
Article 5. The placed person «au pair» will be in possession of a medical certificate, which will send in not previous date at the age of three months that precede its laying, and in that there consists the general state of health of the above mentioned person.
5What is a family?
According to the regulation it is possible to consider a reception family to be that one that it has, at least, that it should have a 16-year-old younger son and that it receives an au pair proceeding from a foreign country during a certain period of time (that does not exceed of 12 months, although it is possible to prolong up to 24 months). The families with one parent also can be reception families if the son lives in its hearth of habitual form.
6What requisites must the families fulfill?

Article 8.
1. The placed person «au pair» will receive accommodation and meal of the family of reception and will occupy when an independent room is possible.
2. The placed person «au pair» will have sufficient time to be present at language courses and to perfect its cultural and professional formation; with this object all kinds of facility will be granted in the relative thing to the schedule of work.
3. The placed person «au pair» will have like minimum of a finished free day a week. At least one of the free days of every month will have to be a Sunday, and one will give him the biggest facility to take part in religious acts.
4. The placed person «au pair» will receive monthly a quantity determined by way of money of pocket. Both the quantity to receive and the intervals of payment will decide in the agreement mentioned in the article 6.
Article 9.
The placed person «au pair» will give services to the family of reception, which will consist of the participation in the daily domestic tasks. The dedicated time of an effective way to such services will not exceed in general of five daily hours.
Also, the family, it will have to show a real cultural exchange interest and help the Au-pair in studying in depth the culture and language of the country. Finally, the family will have to respect the culture and religion of the au pair.

7How much finds it hard to receive an au pair?
Indeed, it is not mandatory, except in temporary contracts for periods of more than 30 days. However, both parties are entitled to request it at any time in which case, the other party will be obliged to facilitate / sign it.
8What regulation is applied in Spain?
HEADQUARTERS OF THE STATE, European Agreement of November 24, 1969 ratified by Instrument of June 24, 1988 BOE on September 6, 1988, n. 214/1988 Definition and harmonization of the conditions that govern the laying "Au Pair".
Given that on January 24, 1986, the Plenipotentiary of Spain, named in good and due form to the effect, signed in Strasbourg the European Agreement on the laying "Au Pair", done in Strasbourg on November 24, 1969, Seen and examined twenty-two articles about the above mentioned agreement, its two annexes and the protocol that is integral part of the same one, Granted by the General Spanish Parliament the Authorization foreseen in the article 94.1 of the Constitution, I come in approving and ratifying all that in him gets ready, as by virtue of the present I approve it and ratify, promising to fulfill it, to observe it and to do that it is fulfilled and observes punctually in all its parts, to whose end, for its biggest ratification and steadfastness, Ordered to send this Instrument of Ratification signed by Me, properly sealed and endorsed by the undersigned Secretary of State, with the following reservations and declarations: «By virtue of the established in the article 18.1 (annex II), Spain repeals the dispositions of the paragraph two of the article 10 declaring that the cousins of private insurance will remain covered in the half by the reception family and that this circumstance will have to be made known of every interested person in obtaining a laying" au pair" before Article 2.
1. The laying «au pair» is the temporary reception, in a family and certain services, of young people of foreign countries who want to improve its linguistic knowledge and perhaps professional, as well as its general culture, acquiring a better knowledge of the country in which they are accepted.
2. These young foreigners will be named from now on «placed persons au pair».
Article 3.
The laying «au pair» that initially will not exceed a period of one year, will be able to extend nevertheless up to a maximum period of two years.
Article 4.
1. The placed person «au pair» will not have a low age at the age of seventeen not top at the age of thirty. 2. Nevertheless, in certain cases, and when the circumstances justify it, the competent authority of the country of reception will be able to grant exceptions to the maximum age limit.
Article 5.
The placed person «au pair» will be in possession of a medical certificate, which will send in not previous date at the age of three months that precede its laying, and in that there consists the general state of health of the above mentioned person.
Article 6.
1. The rights and obligations of the person «au pair» and of the reception family, as they remain defined in the present agreement, there will be an object of a written agreement coordinated between the parts of which it is a question, the only document or an exchange of letters, which will be realized preferably before the placed person «au pair» leaves the country in which it had its residence, and at most for its first week of work in the reception family.
2. A copy of the agreement mentioned in the previous paragraph will settle in the reception country in power of the competent authority, or of the organization designated by this authority.
Article 7.
The agreement mentioned in the article 6 will specify between other things, the form in which the placed person «au pair» will have to share the life of the family of reception, enjoying to the proper time of a certain grade of independence. Article 8.
1. The placed person «au pair» will receive accommodation and meal of the family of reception and will occupy when an independent room is possible. 2. The placed person «au pair» will have sufficient time to be present at language courses and to perfect its cultural and professional formation; with this object all kinds of facility will be granted in the relative thing to the schedule of work. 3. The placed person «au pair» will have like minimum of a finished free day a week. At least one of the free days of every month will have to be a Sunday, and one will give him the biggest facility to take part in religious acts. 4. The placed person «au pair» will receive monthly a quantity determined by way of money of pocket. Both the quantity to receive and the intervals of payment will decide in the agreement mentioned in the article 6.
Article 9.
The placed person «au pair» will give services to the family of reception, which will consist of the participation in the daily domestic tasks. The dedicated time of an effective way to such services will not exceed in general of five daily hours.
Article 10.
1. Each of the contracting parties will enumerate, in a list included in the annex I to the present agreement, the benefits to which in case of illness, maternity or accident, the placed person will have a right in its territory «au pair».
2. In its case, and as the services enumerated in the annex I could not be covered by a Diet of Social security or by any other official organism of the country of reception, and in view of the arranged in the international agreements or the Regulations of the European Communities, the competent member of the family of reception will hire a private insurance which load will be completely of its obligation 3. Any Contracting Party shall notify, in accordance with the provisions of paragraph 2 of article 19, any notification in the list of services listed in the Annex I.
Article 11.
1. In the event that the agreement referred to in Article 6 has been concluded for an indefinite period, each of the parties may terminate the same with a notice of 2 weeks.
2. Whether the agreement has been concluded for a fixed period or not, may be terminated immediately by one of the parties in the event that the other party has been guilty of serious misconduct, or if other grave circumstances so require.
Article 12.
The competent authority of each Contracting Party shall designate the public bodies empowered to deal with regard to the placement "au pair", may also designate with this object to private bodies.
Article 13.
1. Any contracting party shall send to the secretary general of the Council of Europe, in the manner established by the Committee of Ministers a report on the application of the provisions of articles 1 to 12 of this Agreement.
2. The reports of the contracting parties shall be submitted to the consideration of the Social Committee of the Council of Europe
3. The Social Committee shall submit to the Committee of Ministers a report containing its conclusions thereon; it may also submit any proposal whose object is: (i) improve the conditions for the application of this Agreement. (ii) amend or supplement the provisions of this Agreement.
Article 14.
1. The present Agreement shall be open for signature by the Member States of the Council of Europe which may become parties to the same through: (a) signature without reservation of ratification or acceptance, or (b) Signature with reservation in respect of ratification or acceptance.
2. The instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.
Article 15.
1. The present Agreement shall enter into force one month after the date on which they become parties to the same three Member States of the Council, in accordance with the provisions of article 14.
2. With regard to any member state that the firm at a later date without reservation of ratification or acceptance, or who shall ratify or accept, the Agreement shall enter into force one month after the date of signature or of the deposit of the instrument of ratification or acceptance.
Article 16.
1. The Committee of Ministers of the Council of Europe may invite any State not a member of the Council to accede to this Agreement after its entry into force.
2. Accession shall be effected by the deposit with the Secretary General of the Council of Europe an instrument of accession which shall take effect one month after the date of its deposit.
Article 17.
1. Any signatory State, at the time of signature or of the deposit of its instrument of ratification or acceptance, or any acceding State, at the time of the deposit of its instrument of accession, may mention the territory or territories to which this Agreement shall apply. 2. Any signatory State, at the time of the deposit of its instrument of ratification or acceptance, or at any time later, as well as any acceding State at the time of the deposit of its instrument of accession or at any time thereafter, may extend the application of this Agreement, by declaration addressed to the secretary general of the Council of Europe, to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorized to provide.
3. Any declaration made in accordance with the preceding paragraph may be withdrawn in respect of any territory mentioned in such declaration, under the conditions laid down in Article 20 of this Agreement.
Article 18.
1. Any signatory State, at the time of signature or of the deposit of its instrument of ratification or acceptance, or any acceding State at the time of the deposit of its instrument of accession, it may declare that will make use of one or more of the reservations listed in Annex 2 of this Agreement. No other reservation shall be permitted.
2. Any signatory State or any contracting party may withdraw in whole or in part a reservation which it has made in accordance with the preceding paragraph, by a declaration addressed to the secretary general of the Council of Europe, which shall take effect on the date of its receipt. Article 19.
1. Any signatory State may, at the time of signature or at the time of the deposit of its instrument of ratification or acceptance, or any acceding State at the time of the deposit of its instrument of accession, will report on the benefits that are listed in Annex 1, in accordance with paragraph 1 of article 10.
2. Any notification referred to in paragraph 3 of Article 10 shall be addressed to the secretary general of the Council of Europe, with indication of the date on which it takes effect.
Article 20.
1. The present Agreement shall remain in force for an unlimited period of time.
2. Any Contracting Party may denounce this Agreement, as far as it is concerned, by means of a notification addressed to the secretary general of the Council of Europe.
3. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.
Article 21.
The Secretary General of the Council of Europe shall notify the Member States of the Council and to any State which has acceded to this Agreement:
(a) any signature without reservation of ratification or acceptance. B) any signature with reservation in respect of ratification or acceptance. C) the deposit of any instrument of ratification, acceptance or accession. D) The benefits listed in Annex 1. (e) any date of entry into force of this Agreement, in accordance with article 15. F) Any declaration received pursuant to paragraphs 2 and 3 of article 17. G) Any reservation made in accordance with the first paragraph of Article 18. H) The withdrawal of any reservations made in application of the provisions of paragraph 2 of article 18. (i) any notification received pursuant to paragraph 2 of article 19. J) Any notification received in pursuance of the provisions of article 20 and the date on which the denunciation takes effect.
Article 22.
The Protocol annexd to this Agreement shall form an integral part of the same. In faith whereof the undersigned, duly authorised to this effect, have signed the present Agreement. Done at Strasbourg, 24 November 1969, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe.
The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.
Annex I (Article 10) Annex II [Article 18 (1)]
Reservations
Each of the contracting parties may declare that it reserves the right:
A) Considering that the expression "person placed au pair" only applies to persons of the female sex.
B) to adopt, between the two modalities specified in paragraph 1 of article 6, only that which provides that the conclusion of the contract shall be carried out before the person "au pair" has left the country in which it resides.
C) to repeal the provisions of paragraph 2 of article 10, in so far as half of the private insurance premiums are covered by the host family, and with such that the derogation to be brought to the attention of any person interested in obtaining a placement "au pair", before the conclusion of the contract.
D) to defer the application of the provisions of article 12 until they have been able to take the practical measures necessary for the application, it being understood that such Party shall endeavor to adopt these measures in the shortest possible time.
Protocol (Article 10) 1. Any Contracting Party shall make the declaration referred to in Annex I, introducing, in it any subsequent amendment, under his own responsibility.
2. The benefits referred to in Annex I shall ensure, to the extent possible, the coverage of medical expenses, pharmacists and hospitalization.
The Agreement entered into force in general on 30 May 1971 and for Spain shall enter into force on 12 September 1988, according to what is established in article 15 of the same.
Correction of errors Article 10, point 3, where it says: " ...any notification in the list of benefits ...", should read: "...any change in the list of benefits ...".
Annex II, where it says: "Each of the contracting parties ...", should read: "Each of the Contracting Parties ...".
Protocol, where it says: "1. Any contracting party ...", should read: "1. Any Contracting Party ...".
"Any Contracting Party shall send to the Secretary General of the Council of Europe...", should read: "Any contracting party will send every five years to the Secretary General of the Council of Europe...".

Nanny

1What responsibilities will I have like nanny?

You will take responsibility for the care of children. Your tasks include:

  • To wash and to iron the clothes of the children / experts.
  • To do the meal to them.
  • To help them in the duties.
  • To arrange and to clean its room.
  • To take them and to gather them from the school and/or out-of-school activities.

Care Assistant

1If I work for hours, am I responsible for paying Social Security?

There is the possibility that you can register as responsible for paying Social Security fees. For this, the hours worked can not exceed 80 monthly. In this case, the employers must be registered as such, regardless of whether or not they are responsible for entering the quotas and must pay the worker their share of the contribution. Also, indicate that, in cases where the worker is responsible for the entry of quotas, employers will lose the 20% bonus currently applied.

2Can I request a contract from my employers? They tell me it is not mandatory.

Indeed, it is not mandatory, except in temporary contracts for periods of more than 30 days. However, both parties are entitled to request it at any time in which case, the other party will be obliged to facilitate / sign it.

3How many days of vacation do I have if I only work part-time?

The same as a full-time worker: 30 days.

4My employers move out of the house. Is another contract required?

For changes of municipality is assumed that, once worked 7 days in the new address, the worker voluntarily accepts the change. But if not, it was an involuntary dismissal.

5Can I work for another employer during my vacation?

Yes. During the vacation period you can do what you want, even have another job.

6Can my employer force me to enjoy my vacation in August?

Ideally, both parties reach an agreement, but failing that, the employer can decide on 15 days of the 30 calendar days to which you are entitled. You should also be advised two months in advance.

7My employer is dead. Do I have the right to compensation?

Regardless of the contract time, as a household worker you will be entitled to one month's salary as compensation if the end of the contract is due to the death of the employer.

8How many days do I have to give notice of my resignation?

If there is a signed contract where a period of notice is specified, you must comply with it. If this is not the case, you must notify with a minimum of 7 days, unless the waiver is resulting from breach of the rights your rights as a worker, in which case no advance notice is required.


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