The written contract • CCN 3239

The contract that opens the relationship

A home employment contract is written, signed by both parties, and says what the pay, the hours and the place of work are. Here is what each side of the convention requires it to carry.

Last updated 31 October 2026AdminLanding Editorial

What the contract must carry

The two socles of CCN 3239 require the same written contract, with the mentions each job needs. The convention is what fills the gaps a private agreement leaves — not the other way round.

Required mentions
Employee	Article	Mentions the contract carries
Salarié du particulier employeur	CCN art. 41.1	Identification of both parties, employer number, the employee's social-security number, date of hire, vehicle insurance where the employee drives for the job, job held, length of the trial period, working time, place of work, pay with the hourly wage and the monthly payment date, allowances and benefits, public holidays worked, weekly rest, paid leave. Two copies, dated, signed and initialled by both parties.
Assistant maternel	CCN art. 90.1	The same, one contract per child, plus: the child's name and date of birth, the place of work and of reception, the references of the agrément, the assistant maternel's professional liability insurance and — except for occasional care — the weeks of work over 12 months, the days and hours worked each week and each day, and the weeks not worked when the child is received 46 weeks or less.

Identity numbers written on a contract — a social-security number, an agrément reference, a child's name — belong on the printed document and nowhere else. AdminLanding prints them and keeps none of them.

The trial period

Trial period by regime
Employee	Duration	Article
Salarié du particulier employeur	1 month, renewable once after written notice to the employee	CCN art. 131.1
Assistant maternel — 1 to 3 days of reception a week	3 months at most, not renewable	CCN art. 95.1
Assistant maternel — 4 days or more	2 months at most, not renewable	CCN art. 95.1
Another child of the same family	30 calendar days at most when the older contract has passed its trial	CCN art. 95.1

A trial period is never presumed (art. 44.1.1): with nothing written, there is none. An assistant maternel's contract may also provide an adaptation period inside the trial, whose days are written in the contract. For a home employee, art. 131.1 is extended subject to C. trav. L.1221-25 and L.1221-26: whichever party ends the trial gives a délai de prévenance. A fixed-term contract follows the ordinary law of its trial period (art. 44.2).

Changing the contract later

A pay rise, new hours, a new place of work or a new care mode are changes to what both parties agreed, so they are written and signed by both: an avenant. The Code civil is explicit — the parties are held to their agreement (art. 1103) and to what it contains (art. 1193).

On AdminLanding a change is proposed on the shared record, answered by the other party, and only then written into the terms — with the amendment printed from the change that was actually accepted, so the paper and the record say the same thing.

The rest of the relationship

The same relationship, from the contract to its end — each page states the rule with its article.

Frequently Asked Questions

Required mentions, trial period, siblings and amendments.

Q.Is a written contract compulsory?

Yes. The convention requires a written contract, signed by both parties, for a salarié du particulier employeur (CCN art. 41.1) as for an assistant maternel (art. 90.1). It is what fixes the pay, the hours and the place of work — the three things a dispute turns on.

Q.How long may the trial period last?

It is never presumed: it exists only if the contract provides it (CCN art. 44.1.1). For a home employee it is one month, renewable once after telling the employee in writing (art. 131.1). For an assistant maternel it is at most 3 months for 1 to 3 days of reception a week, 2 months for 4 days or more, and it is not renewable (art. 95.1).

Q.How does the trial period end?

CCN art. 44.1.3: during the trial period the contract may be ended at any time, at the initiative of either party, in writing. For a home employee, art. 131.1 is extended subject to C. trav. L.1221-25 and L.1221-26: the employer gives a délai de prévenance of 24 hours below 8 days of presence, 48 hours from 8 days to 1 month, 2 weeks after 1 month and 1 month after 3 months; the employee gives 48 hours (24 hours below 8 days). The written notice is dated and handed over against signature or sent by registered letter. The trial, renewal included, is not extended by the délai de prévenance, and once it is over the contract no longer ends this way. The trial of a fixed-term contract follows C. trav. L.1242-10 (CCN art. 44.2) and is never renewed.

Q.What must a fixed-term contract (CDD) state?

Its precise reason, one of the cases of C. trav. L.1242-2 (CCN art. 41.3): replacing an absent employee (or one on temporary part time, suspended, leaving before the post is removed, or until a permanent recruit starts), a temporary increase in activity, or a seasonal job — without it, the contract is deemed permanent (L.1242-12). For a replacement it names the person replaced and their qualification. Its length, renewals included, is 18 months at most — 9 months while awaiting a permanent recruit, 24 months before a post is removed (L.1242-8-1).

Q.A second child with the same assistant maternel — one contract or two?

Two. CCN art. 90.1 requires a contract for each child received, and a sibling's contract is legally distinct. What carries over is the seniority — counted from the oldest contract still running — and, when the older contract has already passed its trial, a trial capped at 30 calendar days (art. 95.1).

Q.How is the contract changed later?

By an amendment (avenant) accepted by both parties: the Code civil binds the parties to what they agreed (art. 1103) and to its content (art. 1193), so a pay rise, a change of hours or a new place of work is written, dated and signed on both sides rather than applied unilaterally.

Q.Does the Code du travail apply to a particulier employeur?

Only through the closed list of art. L.7221-2. Outside that list, the rules of the relationship are those of the convention collective IDCC 3239 — which is why the dismissal procedure, the notice periods and the indemnities on this site are always cited from the convention and not from the Code du travail.

Q.Who pays for the documents?

The AdminLanding membership opens the documents and covers both parties: when one party is a member, the other party of the relationship generates their own documents and pays nothing. €6 a month, renewed automatically every month; cancel any time from your account, effective at the end of the current monthly period. Recording the relationship, the invitation, the hours of every month, the confirmations and the reminders are free for everyone.

Q.Can the employee use it alone?

Yes. An employee whose employer is not on the platform can take the AdminLanding membership. On the employee's side it opens 14 of the 19 documents: every document that is not one of the employer's own letters — the letters the employee writes (resignation, request to leave early for a new job, request for the end-of-contract documents, reservations on the settlement receipt), the end of the trial period, and the documents naming both parties (the contract, an amendment, the monthly summary, the settlement check, the URSSAF sheet, the preparation sheet of the rupture conventionnelle form, the handover receipt and the notice-waiver agreement — these last two are co-signed and open once the employer has joined the relationship). It never opens the employer's letters (convocation, dismissal letter, withdrawal of the child, the employer's notice waiver). Each document is offered only for the ending it belongs to. An employee invited by an employer who is a member pays nothing.

Q.Does the platform keep what is typed on a document?

No. What a party types for a document — a social-security number, a child's first name, an agrément reference, the facts of a letter — is printed on the PDF and kept nowhere. The shared record holds the terms of the relationship, the category of its ending, its dates and its figures, visible identically to both parties. When an ending is declared for unfitness, it also holds two facts and nothing else about it: whether the unfitness is of occupational origin, and the date of the occupational physician's final opinion — the rules of the convention depend on them.

Q.Does AdminLanding declare to URSSAF in my place?

No. The declaration is made by the employer on cesu.urssaf.fr or pajemploi.urssaf.fr. AdminLanding never connects to those accounts: it keeps the month both parties agree on, and reminds them before the deadline.

Q.Is any of this legal advice?

No. These pages state the published rules of the convention collective IDCC 3239 and of the Code du travail, each with its article, so that both parties apply them. They do not assess a situation, and they are not a substitute for the official sources or a qualified professional.

Sources

Convention collective nationale des particuliers employeurs et de l'emploi à domicile (IDCC 3239) — consolidated text on Légifrance: socle commun, socle spécifique « salarié du particulier employeur » (art. 161 to 163) and socle spécifique « assistant maternel » (art. 119 to 121).
Avenant n° 10 du 5 février 2026 — arrêté d'extension du 4 mai 2026 (JO n° 0108, 8 mai 2026) — minimum wages of annexes 5 (assistant maternel) and 6 (salarié du particulier employeur), applicable from 1 June 2026.
code.travail.gouv.fr — Code du travail numérique (Ministère du Travail): contribution pages for IDCC 3239 and the Code du travail articles cited on this page (L.1221-25, L.1221-26, L.3141-28, L.1237-13, L.1237-14, D.1237-3-1, R.1231-1).
cesu.urssaf.fr / pajemploi.urssaf.fr — URSSAF services through which the particulier employeur declares pay and produces the end-of-contract documents.

Rules verified on 29/09/2026 on Légifrance and code.travail.gouv.fr (CCN 3239 articles read: 44.1.3, 63.2.1, 64.1, 64.2, 64.3, 64.4, 69, 119.1, 119.3, 119.5, 120, 121.1, 131.1, 161.1.1.1, 161.1.3, 161.3, 162.1, 162.4.1, 162.6, 163.1, avenant n° 10 annexes 5/6). Page published 24/08/2026, last updated 29/09/2026.

Important: AdminLanding is a technology platform, not a law firm. We do not practice law, provide legal advice, or act as lawyers (avocats), notaries (notaires), bailiffs (commissaires de justice), or any regulated legal professional as defined by French Law No. 71-1130 of December 31, 1971. This page states the published rules of the convention collective and the Code du travail, for information purposes only — it does not constitute personalized legal advice. Verify your situation with the official sources (code.travail.gouv.fr, Légifrance) or a qualified professional before acting.

Which procedure applies: for a particulier employeur, the dismissal procedure of the convention collective IDCC 3239 applies instead of the Code du travail procedure (CCN art. 161.1.1: the rules are those of the convention; art. 161.1.1.1: entretien préalable from the 4th jour ouvrable counted from the day after the first presentation or the handover of the convocation, then notification by registered letter with acknowledgement of receipt from the 4th to the 30th jour ouvrable counted from the day after the entretien; a period that would end on a Saturday, a Sunday or a public holiday runs to the next jour ouvrable). The Code du travail reaches this sector only through the closed list of art. L.7221-2, which does not include the L.1232-2 procedure. An assistant maternel is not dismissed: the employer withdraws the child by a letter sent by registered post or handed over against a receipt, with no preliminary interview (CCN art. 119.1).

Calculate the dates and the amounts — free

Notice end date, end-of-contract indemnity, paid-leave indemnity and the documents hand-over calendar, computed from the rules of the convention collective IDCC 3239 for both parties. No account needed for the calculation.

Open the end-of-contract calculator

Save the dates to your account — reminders for the notice end, the last declaration and the documents hand-over (free). Documents: in the AdminLanding membership, for both parties.

Documents for both parties — in the membership

The AdminLanding membership opens the 19 documents of a relationship — 5 written by the employer, 5 by the employee, 1 by either party, 8 naming both — issued in French with an English companion page and placed in the Vault of both parties. When one party is a member, the other party pays nothing; an employee whose employer is not on the platform can take the membership for their own documents. €6 a month, renewed automatically every month; cancel any time from your account, effective at the end of the current monthly period.

Electronic signature optional — €1.50 per signer, credits shared across all your documents (Rental and Home employment). The calculator, the shared calendar, the reminders and the invitation stay free.