To be an Au Pair can be an exciting journey offering a unique opportunity for cultural exchange and personal growth. The term Au Pair is derived from the French, which means ‘equal to’ or ‘on a par’ where both the au pair and the host family will reap its benefits. Most au pair brings joy and happiness to both parties as the au pair can infuse into the German culture and way of life whereas the host family will get a loving and caring international childcare assistant who will be more like their elder kid. Usually au pair programs are a smooth going process but as at times on the flip side there also arises problems where the host families tries to exploit and mistreat the au pair. Here is when the need for legal rights and protection comes to rescue. The foundation of these protections lies in a well-defined Au Pair contract, which sets clear expectations, duties, and compensation for the Au Pair’s stay. Furthermore, understanding the mechanisms for dispute resolution is crucial, as it provides a structured process for addressing any issues that may arise. This comprehensive guide explores the essential components of Au Pair contracts in Germany and outlines the steps for effective dispute resolution, ensuring a fair and respectful environment for all parties involved.
Basic Rights of an Au Pair
Basic Rights of an Au Pair: An In-Depth Overview
Fair Treatment
Au Pairs are to be treated as family members, not employees. This means they should be involved in family activities and respected for their cultural backgrounds and personal differences. Inclusion in family meals, outings, and celebrations is essential to foster a sense of belonging and mutual respect. It is crucial that Au Pairs feel like a valued part of the household, contributing to a positive cultural exchange experience.
Legal Contract
A legally binding Au Pair contract is essential and must be signed before the Au Pair’s arrival. This contract should clearly outline the duties, working hours, compensation, and other crucial details. It serves as a reference point for both parties, ensuring clarity and preventing misunderstandings. The contract should be thorough, covering aspects such as work schedule, holidays, pocket money, and responsibilities, ensuring that both the Au Pair and the host family are aware of their commitments.
Working Hours
The working hours for Au Pairs must not exceed the maximum limit set by the host country’s regulations. In Germany, this limit is typically around 30 hours per week, with a maximum of six hours per day. This regulation ensures that Au Pairs have ample time for personal activities, rest, and cultural exploration. Additionally, Au Pairs should not be expected to work overtime regularly, and any additional hours should be mutually agreed upon and compensated accordingly.
Pocket Money
Au Pairs are entitled to receive a regular stipend or pocket money as agreed upon in the contract. The amount should be fair and reflect the cost of living in the host country. In Germany, the standard pocket money is around 280 euros per month. This stipend should be paid promptly and on the agreed-upon schedule, ensuring that the Au Pair has the financial means to support their personal expenses and participate in social and cultural activities.
Accommodation and Meals
Host families must provide Au Pairs with a private, secure room that they can lock, ensuring their privacy and personal space. The room should be furnished with basic necessities, including a bed, wardrobe, and desk. Additionally, Au Pairs should receive three meals a day, or equivalent access to kitchen facilities if they prefer to prepare their own meals. The living conditions should be safe, comfortable, and conducive to a positive living experience.
Days Off and Holidays
Au Pairs are entitled to regular days off, typically one full day per week and additional free time throughout the week. In Germany, they are also entitled to at least four weeks of paid holiday per year. These breaks are crucial for the Au Pair’s well-being, allowing them to rest, pursue personal interests, and explore their host country. The specifics of days off and holidays should be clearly outlined in the contract.
Language Course
Au Pairs should have the opportunity to attend a language course to improve their language skills, which is often a primary motivation for participating in the Au Pair program. Host families are encouraged to support this by providing financial assistance for the course or adjusting the Au Pair’s schedule to accommodate class times. This support not only enhances the Au Pair’s language proficiency but also enriches their cultural experience and integration into the host country.
Insurance
Host families are generally responsible for providing health insurance for the Au Pair, covering medical expenses in case of illness or injury. Additional insurance, such as liability and accident insurance, is also recommended to cover potential accidents or damages. This ensures that the Au Pair is protected and has access to necessary medical care, contributing to their overall sense of security and well-being.
Travel Expenses
The contract should specify who will cover travel expenses, including the cost of traveling to and from the host country and any travel within the host country for official purposes. While some families may offer to cover these costs entirely, others might agree on a partial reimbursement or incorporate the expenses into the pocket money. Clear agreement on this aspect helps avoid misunderstandings and financial strain.
Both the Au Pair and the host family should respect a typical two-week notice period in Germany if either party wishes to terminate the contract prematurely. This notice period allows the Au Pair time to find a new host family or plan their return home, while the host family can ensure continuity of care for their children. Clear terms regarding termination and notice period help prevent abrupt disruptions and ensure a smooth transition. Additionally, the host family must ensure the Au Pair’s safety and well-being by providing a secure environment, having emergency contact information readily available, discussing safety protocols, and offering support for physical and emotional health challenges.
What to Do if Your Rights as an Au Pair Are Violated
If your rights as an Au Pair are violated, it’s crucial to take immediate and appropriate steps to address the situation and ensure your safety and well-being. Begin by identifying the nature of the violation, which could pertain to your basic rights as an Au Pair, such as having a signed contract, receiving pocket money, having a private room, working agreed hours, and having time off, or more severe human rights violations like abuse or harassment. Communicate the issue with your host family calmly and refer to your contract to seek a mutual resolution. Maintain thorough documentation of the violation, including saving evidence and noting incidents. If the host family does not address your concerns, start searching for alternative host families . File a formal complaint on the platform or through your agency, providing detailed evidence. Respect the typical two-week notice period in Germany if you need to terminate the contract, ensuring a smooth transition. In cases of severe violations, leave the situation immediately, find a safe place, report to local authorities, and seek support from local groups or your consulate. Always prioritize your safety by keeping emergency contacts readily available and establishing support networks. Taking these actions ensures your protection and contributes to a more positive and accountable Au Pair program.
FAQs
1. What should I do if my host family is not paying me the agreed pocket money?
First, calmly discuss the issue with your host family and refer to your contract. If the problem persists, document the issue, including conversations and any evidence of non-payment. You can then file a formal complaint on AuPair.com or through your agency to seek resolution.
2. What should I do if I experience abuse or harassment from my host family?
Leave the situation immediately to ensure your safety. Find a safe place, such as a support group, friends, or your country’s consulate. Collect evidence and report the abuse to local authorities. Seek support from local Au Pair groups or international friends.
3. What if my host family is asking me to work more hours than agreed?
Discuss the issue with your host family and refer to your contract to clarify the agreed working hours. Document any instances of excessive work hours. If the issue is not resolved, consider seeking alternative arrangements and file a complaint if necessary.
