cheque d'emploi

[richard51]

We have been paying a local person for changovers etc when renting out our house in France. This year we have decided not to rent the property out (it just isn't worth it) and from being a friend she has become rather difficult. Even though we have no contract she has said that she is due 20% of the maximum years earnings from the last 5 years. We are under the impression that cheque d'emploi is for casual work done and a means of ensuring that what is due to the state is duly paid. As such we don't have to pay any severance pay.

Can anybody advise?

[Clair]

She may have a point.

See this old post of mine...

[richard51]

Clair,

Thanks for your comments. Did you have a written contract as our employment just "developed". She would even do work that we had not asked for.

If we employed a casual gardener for a couple of hours in a particular year, for example, would we then be required to pay another 10% in the following year if we did not require the service again?

Richard

[Lou]

Hi Richard

Have a look at the CESU website which sets out the

rules and regulations - my understanding is that if someone works for

more than 8 hours a week on a regular basis OR for more than 4

consecutive weeks in a year, then they have the same rights as a

"normal" employee. A written contract is recommended though not

obligatory in these cases.

I know of someone who came to an

agreement with her employer that although the "official" end of contract

paperwork would say that she had been paid an indemnity, she wouldn't take the payment.......no idea if this kind of thing is allowed officially but that's how they worked it out.

The CESU website had lots of useful info (under the Information tab), including models for end of contract letters etc.

Lou

[richard51]

Many thanks.  The work was sporadic.  Typically she would clean the house for maybe 5 renters a year maximum plus the occasional bit of gardening.  Checking the declaration for 2012, we paid her for 30 hours in total spread over eight declarations (we paid a different rate for cutting the lawn / strimming which her husband helped with).  The first declaration for 2012 was for April and the last was for July.  I don't think she worked for more than 4 consecutive weeks as we did some changeovers ourselves. 

TBH it might be easier just to pay her off (I estimate a grand total of <€60 including cotisations) and have done with it.   We had numerous complaints about the cleaning standards so it will not be a huge loss (her approach to toilet cleaning was to squirt toilet duck under the rim!) 

When we first started off we thought that we would try and give as much work to local artisans as possible, but I must say our experience of employing anyone in France means we are not anxious to repeat it :) I envy those who have good neighbours who will keep an eye on the house without the expectation of financial reward except for a generous gift system.