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Au pair legal problem

A friend decided to finance a longer term visit to France by signing a year long contract to be an au pair for a an "elite" French family that lives near the Arc de Triomphe. She signed a written contract pursuant to which she was promised medical insurance coverage, and a room of a certain size to live in. She has been provided neither (she was given a room, just one significantly smaller than what the contract provides for). Does anyone know of an agency or attorney who could help her ensure she gets the benefits she was promised? Or have any ideas how she should go about trying to enforce her rights?

Posted by
548 posts

This is potentially quite an expensive/complicated situation. However, one very basic question I would ask is, is your friend a citizen of a country in the EU/EEA/Switzerland? If not, is she present in France on some sort of long-stay visa that permits work? It's just important that she herself is aware of what legal conditions her presence in France is subject to, should more serious consequences come to pass, i.e. if this whole thing should fall through.

Posted by
6788 posts

Does this person have the legal right to work in France? Everything hinges on that.

Posted by
9572 posts

I think this is way beyond the capacity of the Forum. I hope things work out okay for your friend. I agree that the first question to address is whether she is in France working on a legal basis.

Posted by
381 posts

Every contract includes a jurisdiction clause (e.g., "This contract shall be interpreted according to the laws of the state of California"). Your friend will need to consult a lawyer in the jurisduction indicated in the contract. I don't believe any agency would be able to help, unless it was an agency who placed her in this family.

Posted by
11179 posts

Assuming she is working there legally, I would suggest she go to the nearest attorney office. If her problem is not what they handle, they can likely refer her to someone who does that type of legal work.

Having no legal training I offer the following for free... If she does not have legal standing to be employed there I think her best move is to leave immediately before she is discovered and likely be deported for violating work rules. A deportation could stay on her record and be a problem for future legitimate tourist travel, not only to France but any Schengen country.

It is a true long shot that anyone on this forum would be able to make a specific attorney recommendation for her situation.

Posted by
208 posts

I am pretty confident she is working there legally. She went through a process which involved her returning to Edinburgh (where she had been going to school) in order to apply for the visa necessary to legally work as an au pair.

I am mostly wondering how to best get her connected to someone in the legal system in France who will actually have dealt with this kind of issue before.

Posted by
6788 posts

Just a thought... assuming she is legally authorized to work, and finds legal representation, and presses her case...

Does she really want to live with and work for these so-called "elite" people? If what you say is true, they have already breached the terms of their contract. Even if they can be dragged to do what they had agreed to do, aren't things going to be awkward going forward? What's the next promise they will fail to keep - paying her? I'm just trying to imagine a happy ending to this story and even best case it seems like it is probably not going to go well. Being in a vulnerable position like that...it's an easy path to victimization one way or another. Just something to consider.

Posted by
2545 posts

she was promised medical insurance coverage, and a room of a certain size to live in

Everyone living in France for 3 months has access to full medical coverage. If she has not yet done so, she should apply through PUMA.

What we are left with is legal action for the size of sleeping quarters. It may not be a resolvable issue.

Posted by
752 posts

Here is a link to the US Embassy list of suggested lawyers in France:
US Embassy lawyer list

Some of them specialize in this type of law. Hope this helps.

Did you friend work through an au pair agency? How did she meet this family?

Edit to add: a lawyer can familiarize your friend with her rights in this situation, and if she wants to stay with the family, perhaps suggest a diplomatic way for her to address her concerns herself with the family. Other than the room, does your friend like the family and enjoy the work she is asked to do?

Posted by
3391 posts

Being an au pair is, at its core, a very intimate relationship between the children, family, and au pair. If she brings legal action against the family then this will cause irreparable tension and mistrust. I realize that the family has made the first "faux pas" but coming back at them with some sort of legal action will cause even more issues. If she has been deprived of what was promised per contract, then the attorney that is hired simply needs to have the goal be having the au pair released from the contract. To continue with the family after this is not going to be possible. I don't care how "elite" this family is...once legal action is taken a person can't realistically a continue in their employ.

Posted by
12172 posts

I think Anita hits it on the head. I see two options, live with it or get out of the contract. She probably has good reason to nullify the contract (but French law is a strange thing). A lawyer might be able to straighten up the insurance question, if it's just a misunderstanding. I don't see anyway she gets a bigger room, insurance and stays with the family unless they have rooms sitting empty and she really is insured but doesn't know it.