Contracts
Whether you are a childminder, nanny or parent it is
vitally important to agree a written contract at the start of your
childcare arrangement.
Making sure you agree issues such as payments and sick leave at
the start, means you will find it much easier for your relationship
to run smoothly in the future.
Registered childminders must agree a written contract with
parents as part of their registration requirements. NCMA members
can buy NCMA contracts at a reduced rate from the NCMA shop. If you
are an NCMA member using an NCMA contract signed by both yourself
and the child’s parents/guardians, then you may also benefit from
free legal representation as part of your membership.
Contract support
If you are an NCMA member and you require any clarification on
the contracts, before or while you are completing them,
please contact the NCMA Legal Advice Line on 01253 777468. The
team can assist you in completing the contract correctly, therefore
protecting your legal position.
A written contract sets out clearly what is expected from the
childminder, and what is expected from the parents, which can help
prevent disagreements later on.
The contract also fulfils another very important function. No
matter how little or well you know each other, it is important to
begin your childminding relationship in a professional way. Even if
you feel a bit uncomfortable talking about money and your personal
childcare preferences, it is important that you do so. Taking an
hour to fill in a childminding contract gives you a formal
framework so that you are free to talk about these issues in a
friendly but professional manner.
Drawing up a contract is a process of negotiation between the
childminder and the parent. Take time to go through issues such as
hours of work, payment for time off, and what happens when the
childminder, the child or the parent is ill, so that everyone
clearly understands what is being agreed.
Both the childminder and the parents will already have an idea
about the hours, fees, terms and conditions that are acceptable to
them. Try to negotiate these to meet both your needs. If you cannot
come to an arrangement to suit you both, then you may not be able
to look after the child. NCMA recommends that you always negotiate
for childminding fees to be paid in advance.
Once the details of the contract have been understood and agreed
by everyone involved, the contract should be signed by all parties.
It is then a legally binding document. If the childminding
agreement should break down at a later date, then the contract will
be very important to show what was agreed. You can read more about
what to do if you have a dispute.
Negotiating the contract is also a good opportunity to talk
about childcare practice, covering such details as discipline, what
happens on a normal day and the kind of activities offered.
Reviewing your contract
As the children grow older and circumstances change it will be
important to review the contract. NCMA recommends that you review
your contract every six to 12 months. This means you also get a
chance to talk about the children’s progress and how things are
going (although it’s best to discuss any issues as they arise).
Important information
If you are using an NCMA contract published before
September 2009, it is better to tick that the deposit does not
count towards the childminding fees if a vacancy is not immediately
available. This way, if the parent chooses not to use the place,
and you have ticked that the deposit is non-refundable then the
deposit may be kept. If you tick that the deposit will count
towards childminding fees and that it is non-refundable, then the
deposit cannot be kept. If you have any questions about this,
please contact the NCMA Legal Advice Line on 01253 777468 who can
assist you in completing the contract.