Do I need a written work contract with the domestic help?

A written employment contract is not legally mandatory. An employment contract is subject to what is known as freedom of form and can be entered into orally or in writing. However, there is a high level of risk for both parties when it comes to an oral contract, as evidence must be provided in case of discrepancies. An exception to this is a fixed-term employment contract, which must be concluded in writing.

On the other hand, it is legally obligatory to document the framework conditions in a written record between you as the private employer and your domestic helper.

What needs to be documented in writing? When entering into an employment contract with your domestic helper or creating a written record, certain aspects must be included by law. These include the place of work, the start and, if applicable, the end of the employment, salary, as well as vacation entitlement and the nature of the job. You can voluntarily include additional provisions, such as requiring a certificate of good conduct or confidentiality agreements regarding matters within your own premises. Especially in a private setting, it is advisable to include a clause regarding multiple employment, as this can affect the employer's ancillary costs.

It should be noted that any form of employment contract in the case of undeclared work is null and void and only becomes valid with official registration.