You will have your child look after a licensed childminder. And even if this rare pearl is worthy of your confidence, the care of young children, involves some risk of accidents. This involves taking out some insurance. But who to pay?
Liability: who assumes what?
- It is up to the maternal assistant to subscribe absolutely insurance covering his professional liability for the damage suffered and caused by the children they keep.
- If you do not have to take out insurance, you have, before entrusting your child, liability as an employer to verify that it has satisfied this obligation of insurance.
- This guarantee must be exercised irrespective of the context in which the damage occurred, whether the child was the unintentional or voluntary perpetrator.
- If your child is a victim or causes an accident, it is the maternal assistant who will be held responsible for lack of attention. It has an obligation to pay constant attention and supervision.
- Similarly, if your little one causes a material damage, if it breaks dishes, tears wallpaper ... your responsibility will not be engaged and no refund can be claimed. That's part of the maintenance costs. The law considers that it is the maternal assistant who bears the responsibility because any damage or attention caused by a child entrusted is most often linked to a lack of supervision.
- If your assistant is injured by your child in the line of duty, it is a work accident that falls under Social Security. At the time of hiring, be sure to check that your assmat is affiliated with Social Security. If necessary, you will have to proceed to the affiliation of your employee to Social Security.
And for car trips, how is it?
- Your childminder may need to transport your child by car.
- It is possible but she must first notify her insurance that she uses her vehicle as part of her professional activity to transport children she receives for valuable consideration. What will be specified on his contract of employment by the mention "transport of children in a professional capacity".
- Be sure to check that this measurement has been recorded.
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