In France, nearly 1.3 million people work at the home of individual employers (FEPEM, 2024). The majority are women, employed part-time across multiple individuals. Yet many are unaware of their rights — and so are some employers. This article clarifies it.
The applicable collective agreement
Since 1 January 2022, the new French national collective agreement for individual employers and home employment (IDCC 3239) brings together two former agreements. It forms the bedrock of rights.
The minimum wage
Net hourly salary cannot be below:
- the SMIC net hourly rate (revalued each year on 1 January)
- the collective minimum applicable to your level (cleaning, child care, dependency)
The collective agreement distinguishes several levels and tiers based on qualification, skills and responsibilities. The minimum is therefore higher than SMIC for higher qualification levels.
Overtime hours
Beyond 40 weekly hours (or 35 depending on contract), overtime is increased by 25% (up to the 8th overtime hour) then 50%.
Paid leave
You are entitled to 2.5 working days of paid leave per month worked, i.e. 30 working days (5 weeks) per year. Two payment modes coexist:
- Allowance paid monthly: 10% of net salary, on top of the monthly salary. The employee is not paid during effective leave.
- Salary maintenance during effectively taken leave.
Public holidays
1 May is mandatorily off and paid if it falls on a regular working day. Other public holidays are off and paid under seniority conditions (3 months).
Sick leave
In case of sick leave, you benefit from:
- daily allowances from Sécurité sociale (CPAM), after a 3-day waiting period
- a complementary allowance from the employer under seniority conditions (generally from 1 year)
Maternity leave
You are entitled to legal maternity leave (16 weeks for a first or second child, more for subsequent ones), with daily Sécurité sociale allowances.
Retirement
Each declared hour opens rights to basic retirement (CNAV) and complementary retirement (Agirc-Arrco). Carefully keep your CESU URSSAF certificates throughout your career.
Unemployment insurance
Declared hours also count for unemployment insurance. To benefit from allowances, you must justify a certain number of hours over a reference period.
Contract termination
Resignation
You can resign with notice depending on seniority: less than 6 months: 1 week; 6 months to 2 years: 2 weeks; over 2 years: 1 month.
Dismissal
The employer must respect a procedure (preliminary interview, motivated letter), respect notice and pay severance: 1/4 of monthly salary per year of seniority for the first 10 years, 1/3 beyond.
Mutual termination
Possible by agreement of both parties, with DREETS approval.
In case of disagreement or non-compliance
Several recourses possible: labor inspectorate, Conseil de prud'hommes, unions, free legal clinics in Maisons de Justice et du Droit.