How To: Write a Contract

Let me be honest right from the start. I have only had a contract with one of the families I have ever worked for. It was with a family whose mother worked for the government so she was safe guarding herself. It wasn't necessary at all. We all got along great and the only reason I am not still working for that family is because my visa ran out and I needed to leave the country.
Honestly I have been really lucky with the people I have worked for. There have been bumps along the way, but all in all it has been a good journey. That journey came to a crashing halt within a few weeks of joining the family I am now working for.
Within in two weeks I knew that I had been naive to trust people at their face value. Without a contract the family took that as an open opportunity to use me, burn me out and then act surprised when I wasn't happy being there any more. (All of this without so much as a raise or over time I might add).
So from now on in the word 'Contract' will be my best friend. I will no longer be embarrassed to ask a nice sounding family down the telephone line that I need to have a contract. In fact I will have it written in black and white on my nanny profile that I need to have a contract before I will even consider looking at a position.
There is no tried and true format for a contract. Every family/nanny pairing will need something that is tailor made for themselves, but there are basic formulas that can be used to make a contract that is perfect for you and your employers. So here goes nothing!

Some simple rules for contract making:

1) It seems to be common thought that the contract should be spelled out by the family as a way to protect them from a nanny coming into their home. And partially it is, but it is also a piece of paper that, if written properly, can become a nanny's best friend.
a) You should have as much input in the making of the contract as the family does
b) Be prepared to bend, as the family should bend as well, but if you feel uncomfortable at any time with anything they want you to agree to, then you need to rethink your accepting the position. DO NOT SIGN UNLESS YOU CAN LIVE WITH EVERYTHING WRITTEN IN THERE.
c) Look into the laws in your area to see if everything offered or expected of you in the contract is within the laws. (ie number of hours worked, days off, paid sick leave)

2) Make a list of your expectations, what you are willing to do, what you aren't willing to even consider, etc.
a) are you willing to clean? light, only for children or deep cleaning.
b) do you need to be paid an hourly wage or a salary?
c) how many hours a day/week are you willing to work?
d) how do you handle overtime? 1.5 pay or an equal amount of time off in the future?
e) how often do you need to be paid? Once a week, bi-weekly, monthly?
f) will you be live-in? do you need a private bathroom?
g) are you using a family car or your own? gas reimbursement and insurance need to be considered.
h) will the family pay for health insurance?
i) nanny taxes, will you pay the whole lot, half and half or the family pay the whole thing?
j) will your sick days, holidays and vacations be paid for? how many a year? will you get to chose your vacations or will the family?
k) do you have access to the internet? cable?
l) will the family provide you with a cell phone? if not will they pay for part of you bill/minutes a month?
m) if you are live-in do you have the freedom to come and go as you please on your time off?
n) if you live-in will the family provide food for you? all week long or only when you are working?
o) when you are out with the children does the family pay for all meals, activities, treats or are you responsible to pay for them and get reimbursed?
p) how long will you be willing to commit to this position? a year? more? (this doesn't mean you can't give notice if something isn't working.)
q) a get out quick clause in case something goes wrong. You shouldn't be penalized for walking out when the other side breaks the contract, behaves inappropriately or the situation becomes dangerous.

3) Be realistic. There is no way that you are going to be able to work almost no hours and get paid big bucks. You have to be willing to put in the work to get the reward. But the same goes for the family. If all they want is for you to be working and they don't want to pay you for that work... then this isn't going to work.

4) Don't be afraid to negotiate. This doesn't mean give in to everything, but be willing to discuss some things between the two of you.

5) Be comfortable enough to say 'we have hashed out this contract, let's take a day or two to look it over before we sign it.' If your feelings change, or there is something you can't live with talk to them or walk away. Better to find out now then to find out after you have started to work for them.

Of course this isn't everything for everyone. I am sure that there are lots of issues that I haven't remembered on here... but that is exactly why you should never rush into making a contract. Don't ever just accept the contract laid down on the table by your employers because nine times out of ten it will be in their best interests and not yours.
When you are finished and ready to sign that hard earned contract, you should be confident that you aren't walking into this situation blind. And if the worst should happen? Well you will be covered for that!

Have a great week!

Next Blog Topic:
Keeping in Contact, the Art of a Graceful Exit

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