Regulation of au pair work in different countries

Europe

An au pair agreement has been created by the Council of European member states. The countries that have signed the agreement are: Belgium, Denmark, France, Greece, Italy, Luxembourg, Norway, Switzerland and Germany. To an extent the agreement is also applied in the other European Union member states. The following information is partly taken from the Arbetsförmedlingen (Swedish employment services) website.

The agreement in brief:

1. The au pair has to be aged between 18-30 years.
2. Length of the employment is up to one year and in exceptional cases two years.
3. The au pair employee must be able to show a medical certificate describing his/her general health. The medical certificate should be issued no less than three months before arrival.
4. The au pair employee and host familys rights and responsibilities shall be described in a contract. The contract should describe the au pair’s participation in the everyday life of the family. The au pair must also enjoy a certain degree of independence which should be described and included in the contract (see example here).
5. The au pair should be provided with food, accommodation, and if possible, their own room. They  should also get sufficient time to participate in teaching and training. The working hours should, if possible, be planned in line with that. At least one day a week must be free of duty and at least one day a month the free day has to be a Sunday. Pocket money/salary should be paid by the host family and the sum should be specified in the contract. Working hours should generally not exceed 5 hours per day.
6. The insurance that is not covered by the host countrys social security legislation should be signed and paid for by the host family.
7. Notice is 14 days. If any of the parties misbehave or in case of some other serious circumstances, cancellation of the contract may be done instantly.

In countries that have not signed the agreement and in countries outside Europe the au pair rules and regulations may vary. Please note that the au pair must apply for both a work permit and a residence permit before they leave their home country.

Australia

Australia has no government approved au pair program. Instead they have something called demi au pair program, which means that the au pair both studies and works as an au pair up to 20 hours per week. This requires a student visa to be applied for prior to departure.

Canada

You can not work as an au pair in Canada. However, there is the possibility to search for "The Live-in care giver program," if you have documented theoretical training in childcare and six months training in children care or related areas, or a years paid work in childcare after completion of training. In addition, you must be able to speak, read and understand English or French.

USA

The only legal way to work in the United States as an au pair is to hire an au pair agency that has contracts with any of the American au pair programs. You must stay at least 12 months, be aged between 18 and 26 years and have a valid drivers license. The working time is 45 hours per week.

Important things to consider regarding insurances and working permits

If you, as citizens of an EU / EEA country, will stay in any other EU/EEA country for more than three months you will need a residence permit.

• There is a free labor market within the Nordic countries, and no permission is required for Nordic citizens. In order to work in countries not members of the EU / EEA work and residence permits are required and in some case an entry visa.
• In Norway, au pair work is not that common. The most common way to work is applying for a full-time job as a trainee. Remember that working as an au pair and trainee is regarded as ordinary employments which oblige the employer (family) to pay tax and social security.
• Even in Denmark au pair work is taxable. When working as an au pair, you are subject to social security benefits, if the work is equal to paid work in the country where you work.

If your employment as an au pair is not approved by Swedish legislation you should not be away from Sweden for more than 12 months. Remember that you do not have any insurance coverage if you are working in countries outside the EU (unless there is a special agreement between Sweden and this country).

Försäkringskassan has great information about insurance on their website.

Au pairs from Sweden should always contact Försäkringskassan before leaving the country!