Au Pair, Babysitter or Nanny in France: Legal Status, Pay and Key Differences

Expat families moving to France often face a common puzzle: should they look for an au pair, a babysitter, or a nanny? In everyday language, these terms are used almost interchangeably. In French law, they refer to very different arrangements — each with its own legal framework, pay requirements, administrative obligations and tax implications.

Getting this wrong is not just a bureaucratic inconvenience. It can mean applying the wrong contract, underpaying a worker relative to legal minimums, missing out on the 50% tax credit, or finding yourself in an employment dispute later. This guide clarifies the distinctions and helps you choose the arrangement that genuinely fits your family's needs.

The Au Pair: Cultural Exchange, Not an Employment Contract

An au pair is not an employee in the legal sense. The au pair arrangement is a cultural exchange programme: a young foreign national (typically aged 17 to 30) lives with a French family, participates in household life, provides a limited number of hours of childcare and light household tasks, and in return receives accommodation, meals, a monthly allowance and the opportunity to practise French.

In France, the au pair status is governed by rules that are entirely distinct from standard employment law:

• The au pair must live in the household. This is not optional — it is a defining feature of the status.
• Time spent on family tasks is capped at 25 hours per week.
• The au pair must have at least one full day off per week.
• The monthly pocket money (argent de poche) is not a salary. The official minimum is €320/month; higher amounts can be agreed, but presenting €450/month as the legal benchmark would be misleading.
• The au pair must have enough time to attend courses; do not structure the arrangement like a full-time childcare job.
• The au pair is affiliated to French social security through a specific scheme linked to the host family.
• The arrangement is formalised through a placement agreement — not an employment contract (contrat de travail).

Official checkpoints: see Service-Public on young au pairs and the young au pair residence permit page, which list the 25-hour weekly cap, the €320 minimum pocket money and the required accommodation conditions.

What this means for expat families: an au pair is suited to families who can offer a private bedroom, want a live-in cultural exchange, and need light childcare and household support rather than intensive professional childcare. The legal framework is lighter than formal employment, but the au pair is not a substitute for a qualified childcare professional for intensive needs.

The Babysitter: Part-Time Childcare at Your Home

A babysitter — in French, garde d'enfants à domicile — is a person you directly employ, for however many hours per week, to care for your children at your home. As soon as you hire someone directly, you become a particulier employeur, and the babysitter is your employee under French labour law.

The applicable legal framework is the Convention collective nationale des salariés du particulier employeur et de l'emploi à domicile (IDCC 3239).

Key features of the babysitter arrangement:

• A written employment contract is required for regular arrangements: more than 8 hours per week, or more than 4 consecutive weeks of work with the same person.
• The minimum hourly salary is at least the applicable legal and collective minimum. As of July 2026, the general SMIC is €12.31 gross per hour, but the IDCC 3239 level I minimum used in this site’s legal parameters is €12.61 gross per hour, so the collective minimum is the safer floor for a home childcare contract.
• Hours and salary must be declared each month via CESU or Pajemploi.
• The babysitter accrues paid leave at the standard French rate of 2.5 working days per month.

The babysitter model is the right choice for families who need occasional or part-time childcare — school pick-ups, evening childcare, or a few hours per week — without requiring a permanent full-time arrangement. For a full overview of how the CESU employment and declaration work, see our guide on employing a domestic worker in France.

The Nanny (Garde à Domicile): Professional Childcare at Your Home

In French, a nanny is commonly referred to as a garde à domicile or informally as a nounou à domicile. Like the babysitter, this is a direct employment relationship under the IDCC 3239 collective agreement. The key differences compared to a babysitter relate to volume and seniority:

• Volume of hours: a nanny typically works full-time or close to full-time (35 hours per week or more), whereas a babysitter tends to work part-time.
• Classification and pay: given the professional nature and intensity of the role, nannies are often classified at higher levels in the IDCC 3239 pay grid. This is particularly the case when caring for very young children or when the role requires specific childcare qualifications.
• Contract type: nannies are almost always employed under a CDI (open-ended contract), because the need is permanent and ongoing.

Families with young children — especially under 3 — who need full-time professional childcare at home will typically opt for a nanny rather than a babysitter. The CESU platform handles the administrative side, and the 50% tax credit applies.

The Registered Childminder (Assistante Maternelle): A Completely Different Framework

A very common confusion — especially for families new to France — is between a nanny working at your home and an assistante maternelle (registered childminder). These are fundamentally different arrangements:

• An assistante maternelle cares for children at her own home, not yours.
• She holds a specific professional accreditation from the State (agrément), issued by the prefecture through the departmental council.
• She is covered by IDCC 3239 under its dedicated “assistant maternel” specific framework, not by the rules for employees working at the employer's home. The former childminder agreement, IDCC 2395, was replaced when the two branches converged into IDCC 3239.
• Declarations go through Pajemploi (not CESU), a separate platform dedicated to childminding arrangements.
• Fees are structured differently: a daily rate plus a supplement for meals and materials.

Assistantes maternelles are often preferred for young children under 3, as their homes are purpose-equipped, regulated and inspected by the State. They may also give families access to specific childcare subsidies through the CAF (the PAJE allocation scheme, including the CMG).

Key Differences at a Glance

Minimum Pay: What Each Role Commands

• Au pair: official minimum pocket money of €320/month, plus full board and lodging. A family can pay more, but should not use a higher market figure as if it were the legal minimum.
• Babysitter / Nanny: at least the higher of the SMIC and the applicable IDCC 3239 minimum. Using the July 2026 parameters on this site, level I starts at €12.61 gross/hour and the scale runs through level XII at €18.07 gross/hour.
• Assistante maternelle: the IDCC 3239 childminder framework and its separate pay schedule apply. The July 2026 parameter used on this site is €4.20 gross/hour/child minimum, or €4.37 with the relevant certification/title.

One important distinction: for employment-based arrangements (babysitter, nanny), the salary stated in the contract is always in gross. The employee takes home a lower net amount after social deductions. Always agree and document the gross rate to avoid confusion.

Example: if you hire a babysitter for 10 hours per week at €12.61 gross/hour, the weekly gross salary is €126.10 before paid-leave treatment and social contributions. Over a regular month, the gross base is roughly 43.33 hours × €12.61 = €546.43 before declarations, contributions, benefits and tax credit calculations.

The 50% Tax Credit and Childcare Subsidies

The crédit d'impôt pour les services à la personne — a 50% refund of eligible home employment costs — applies to eligible home childcare, including babysitters and nannies when they are properly declared. For au pairs, the legal and social framework is distinct from ordinary domestic employment, so the tax treatment should be checked case by case before assuming the same credit applies. Full details of caps, eligible expenses and how to claim are covered in our dedicated article on the French tax credit for home services.

For families with children under 6, additional state benefits may apply alongside the tax credit:

• CMG (Complément de libre choix du mode de garde): a monthly childcare allowance paid by the CAF. The CMG emploi direct version applies to nannies employed at your home; a separate version covers assistantes maternelles. This benefit can significantly offset the cost of childcare and is income-tested.
• PAJE (Prestation d'accueil du jeune enfant): the broader benefit package for young children, which includes the CMG.

If your children are under 6, it is strongly worth checking your eligibility for the CMG via the CAF website, as the combination of CMG and the 50% tax credit can reduce the real cost of a nanny substantially.

Which Arrangement Should You Choose?

There is no universally correct answer. The right option depends on your family's specific situation:

• Occasional childcare — school pick-ups a few times a week, evening babysitting, weekend cover: a babysitter employed via CESU on a part-time CDI.
• Full-time professional childcare at your home, five days a week: a nanny (garde à domicile) on a full-time CDI.
• Live-in cultural exchange and light support: an au pair, provided you can genuinely offer accommodation and your needs are compatible with the 25-hour/week limit.
• Regulated, structured childcare for a young child (especially under 3) in a dedicated childcare environment: an assistante maternelle via Pajemploi.

Whatever option you choose, the legal and administrative framework applies. Working off the record is not only illegal — it disqualifies you from the tax credit, exposes you to URSSAF fines, and provides no protection in the event of a workplace accident or dispute.

In Summary

France has a clear and distinct legal framework for each type of childcare arrangement. The au pair is a cultural exchange programme governed by a specific agreement — not a labour contract. Babysitters and nannies are employees under the “salarié du particulier employeur” framework of IDCC 3239. Assistantes maternelles fall under the same IDCC but its dedicated childminder framework and are declared through Pajemploi. Choosing the right structure from the start protects both you and the person caring for your children.

Official sources: Légifrance — current IDCC 3239 collective agreement, including its two specific frameworks, and Légifrance — former IDCC 2395 agreement replaced by IDCC 3239.

If you need a compliant employment contract for a babysitter or nanny — adapted to the specific role, hours and salary — you can generate one in a few minutes or browse our job-specific contract templates.