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Causes of separation: fault with the nanny or changes in circumstances of the employer.
To dismiss your nanny you should have a real and serious cause.
A real cause may result from the misconduct of the nanny, or simply a change in your family situation (you're working part time, moving, etc)
The cause must be serious, that is to say necessary.
A change in your situation can be a real and serious reason.
Some reasons independent of your nanny, can cause you to dismiss your nanny. They should be real and serious. Two scenarios:
- If you think you will continue to employ someone at home to care for your children, write an amendment indicating the new conditions (working hours, wages, workplace etc). If the employee refuses this amendment, then you can dismiss for "refusal to substantial modification of the employment contract."
- If you no longer need to keep your children at home, then dismiss your nanny citing the discontinuation of the position.
Dismissal relating to the nanny's conduct.
On distingue 4 types de fautes :
| Slight negligence | late | Not a reason for dismissal |
| Serious misconduct | not respecting instruction, repeated lateness | Can be a reason for termination |
| Gross misconduct | theft, dereliction, smoking around children despite a ban the contract, unjustified absences and repeated insults, refusal to perform a task | Reason for immediate dismissal without notice |
| Gross negligence: a serious offense with intent to harm | violence | Reason for immediate dismissal without notice, potential criminal charges against the nanny. |
There is no legal document stating what is serious misconduct and what is not. Serious misconduct violates the contract so that the continuation of the employment relationship rendered impossible.
Penalizing your employee for misconduct
The employer, when he has knowledge of a fault committed by his employee, has the power to take a disciplinary action. The most common penalties are:
- The warning,
- the official warning,
- disciplinary layoff,
- dismissal for misconduct.
Disciplinary action should be proportionate to the gravity of the fault committed by the employee.
The prohibited reasons
It is prohibited to dismiss your nanny on discriminatory grounds; sex, origin, religion, health.
Furthermore, it is prohibited to dismiss your nanny during her maternity or parental leave.
