A nanny contract, which can be used for any type of household employment is a detailed outline of the engagement. It establishes a clear understanding between you, as the employer, and your nanny regarding their duties and responsibilities and helps reduce the likelihood of issues and misunderstandings during their employment. A nanny contract will also set the tone of your working relationship with open and clear communications.
Follow these tips as you prepare your own nanny contract.
Tips for writing a nanny contract
Take your time and thoughtfully consider what to include in the document. A nanny contract is legally binding so be sure you’re thorough in detailing the employment arrangement. If you are using a placement agency to find a nanny, get their advice and input. The contract should be easy to read and understood by you and your nanny.
What to include in a nanny contract
Basics
Include the start date of employment, work address, family’s contact information, number of children who will be under the nanny’s care as well as the nanny’s legal name, address and contact information.
Schedule
Specify the nanny’s schedule including when their shifts start and end, days they are expected to work, and any expectations outside of their normal hours such as working an overnight or weekend if the parents are out of town or babysitting on date night. You may want include their standard number of daily and weekly hours.
Wages
Always mention wages in terms of gross pay. This is how much your nanny will earn before taxes and other deductions are withheld from their pay. State a monthly gross rate of pay as well as an overtime rate. You may even want to include their total compensation based on a standard working month.
Nannies and other household employees need to be paid no less that the applicable minimum wage and receive at least one day off in a seven-day workweek.
Include how often your nanny will be paid (weekly, bi-weekly, etc.) and how they will be paid (direct deposit, cash, mpesa).
Job responsibilities
Specify exactly how you want your nanny to care for your child. Include a meal and nap schedule, any specific activities, and more. Also, lay out any additional duties beyond childcare like light housekeeping, preparing meals, running errands, caring for pets, and laundry. Most nannies will prepare meals while on duty as well as clean up from their day. “How tos” and other instructions can be included in a separate document.
Benefits/reimbursements
Include any health care benefits you’re providing whether it’s health insurance, health reimbursement account, or stipend. Also add anything else of value beyond cash wages.
Taxes
Indicate any taxes that will be paid on their behalf
Also, mention that you will provide them a P9 form at year-end and report their income to Kenya Revenue Authority.
Leave
Include the amount of leave, sick time and other paid time off as well as any conditions to using this benefit.
Confidentiality clause
Also called a non-disclosure agreement (NDA), a confidentiality clause will help protect your family’s privacy. You can indicate that your nanny can’t share photos of your children or information they learn about your family to any third-party including on social media platforms. Or describe what they can and can’t share on social media.
House rules
Detail any house rules you want your nanny to follow. This can include no smoking and not having friends over. You can also specify discipline guidelines, dietary restrictions, rules you want your children to abide by as well as screen time and play dates.
Transportation
Will your nanny transporting your children to/from school, activities, lessons or for any other reason? If so, then detail how she’s expected to conduct herself on the road like obeying all speed limits, no texting while driving, only talking on the phone when it’s hands-free (or not at all), and no other passengers when the children are in the car.
Nanny cameras
While you legally don’t need to tell your nanny that you’ve installed a hidden camera in your home for video-only recordings (it may be illegal to record someone’s voice without their permission), you may want to let them know of their existence. If you explain that you trust your nanny and that the use of the camera is for your peace of mind and child’s safety, then your nanny may find that reasonable. By telling them about the use of a nanny cam, you’re establishing honesty at the start of your professional relationship.
Performance reviews
Include a schedule for performance reviews. You may want to have more frequent reviews during their first year of employment and then annually after that. You could also indicate the criteria for receiving a raise or bonus. Use a performance review to look at your nanny contract and decide if it needs to be updated. You should make changes to the document when adjusting salary, benefits, work functions and duties, or anything else that pertains to the job.
Time frame of employment
If the placement is temporary, include start and end dates of employment.
Amending the nanny contract
Incorporate a statement on how and when the nanny contract can be amended. You can simply state that the work agreement is a “living document” and specifics may change with mutual consent.
Live-in accommodations
If you are employing a live-in nanny, be sure to clearly specify what is included in their accommodations and how meals and food will be handled.
Termination policy
Stipulate how terminations and resignations will be handled including notice, severance, and reasons for summary dismissal. Indicate that any action that is illegal or inappropriate is grounds for prompt dismissal and repeated, documented issues can also lead to termination of employment.
How to implement a nanny contract
Once completed, discuss the work agreement with your nanny and answer any questions and concerns they may have. If your nanny has concerns that can’t be resolved, recommend that they seek their own legal counsel. You and your nanny should sign and date the contract. Provide a copy to your nanny and keep a signed copy in their personnel file. A nanny contract should be in place prior to their start date. If you’re working with a placement agency, send them a signed copy for their records as well.
Nanny contracts should be updated when there are major changes to employment. For example, your work schedule may change or your family grows.
Adapted from https://gtm.com/household/resource-center/nanny-contract/
Leave a Reply