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Aupair Employment Agreement

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AUPAIR EMPLOYMENT AGREEMENT

Parties and Agreement Date

This Aupair Employment Agreement (the Agreement) is entered into between Employer Name: and Employee (Au Pair) Name: on .

Personal Information (Employee)

Position and Host Family Information

Employment Status: Live-in Live-out    Weekly Scheduled Hours:

Compensation, Benefits and Expenses

Stipend (Gross, payable weekly or monthly as agreed): $    Room Provided:    Board Provided:

Transportation for duties provided: Employer vehicle permitted for job duties Employer will provide public transport allowance

Duties, Schedule and Childcare Responsibilities

Employee will perform childcare and household duties as detailed below and as reasonably requested by the Host Family. Primary duties include but are not limited to:

Time Off, Holidays and Leave

Vacation entitlement:

Health, Insurance and Medical

Health insurance provided by:

Legal Terms and Conditions

Term: This Agreement commences on the Start Date above and continues for a period of unless earlier terminated in accordance with this Agreement.

Termination: Either party may terminate this Agreement with written notice, except where immediate termination is permitted for cause (including but not limited to negligence, criminal conduct, abuse of any minors, or material breach).

Confidentiality: Employee shall maintain the confidentiality of household matters, children’s records, financial information and any other sensitive information learned in the course of performance. Confidential information shall not be disclosed to third parties except as required by law.

Background Checks and Safeguarding: Employee authorizes Employer to obtain criminal background checks, child protection registry checks, reference checks and, where applicable, immigration and visa verification. Continued employment is contingent upon clearance from such checks.

Governing Law and Dispute Resolution: This Agreement shall be governed by the laws of the state/province in which the Host Family resides. Parties agree to attempt mediation before pursuing litigation.

Independent Contractor vs Employee Status: The parties acknowledge this agreement creates an employer-employee relationship for the purposes of wages, taxes and applicable labor laws unless otherwise specified in writing.

Host Family Obligations

Acknowledgements and Disclosures

At-Will Employment: Except where prohibited by law, either party may terminate the employment relationship at any time, with or without cause, subject to any notice provisions above.

Equal Opportunity: Employer is an equal opportunity provider and does not discriminate on the basis of race, color, religion, sex, national origin, disability, or other protected characteristic as defined by applicable law.

I consent to criminal, child protection, immigration and other checks as necessary for employment. I authorize prior employers and references to disclose information requested by the Host Family.

Employee Certification and Authorizations

Applicant Certification: I certify that all information provided in this Agreement and accompanying documents is true, complete and correct to the best of my knowledge. I understand that false statements or material omissions are grounds for termination.

Authorization to Contact Previous Employers and References: I authorize the Host Family to contact the previous employers, schools and references listed below for verification.

Employment History (Provide at least two previous employers)

Education

Professional References (3)

Health, Visa and Work Authorization

Miscellaneous Provisions

Training: Employer will provide reasonable orientation and training for the Employee's childcare duties. Additional training requirements will be mutually agreed in writing.

Data Handling and Electronic Communications: Employee shall follow Host Family policies for electronic communications, privacy and children's data protection. Any photographs or recordings of household members require prior consent.

Final Acknowledgment

By signing below, the parties acknowledge they have read, understand and agree to the terms set forth in this Agreement and warrant that they have authority to enter into this Agreement.

Employee (Au Pair) — Print Name:

By:

Date:

Employer (Host Family) — Print Name:

By:

Date:

Enter text✕

What an Aupair Employment Agreement Covers

An Aupair Employment Agreement is a written contract that sets the working relationship between a host family and an au pair or cultural-exchange caregiver. It documents parties, term, daily and weekly schedules, specific childcare duties, compensation (pocket money, room, and board), time-off and sick-leave provisions, transportation and driving rules, housing expectations, and termination conditions. For J-1 or other visa-sponsored au pairs the agreement also supports program compliance and background-check requirements. Properly executed, the agreement clarifies obligations, reduces disputes, and provides an auditable record for employment, tax, and immigration purposes.

Why a Written Agreement Matters for Host Families and Au Pairs

A clear agreement reduces misunderstandings about hours, duties, compensation, and safety obligations. It supports legal compliance, documents consent to living arrangements, and creates an evidentiary record for payroll, tax reporting, and visa sponsors.

Why a Written Agreement Matters for Host Families and Au Pairs

Who Typically Prepares and Signs This Agreement

The Aupair Employment Agreement is used by individuals and organizations that host or place au pairs; multiple stakeholders benefit from a standardized form.

  • Host families managing household childcare and room-and-board arrangements with an exchange au pair.
  • Au pairs or cultural exchange participants who need written terms for duties, schedule, and compensation.
  • Placement agencies, program sponsors, or legal advisers that facilitate compliance and mediate disputes.

Use the agreement whenever an au pair begins a placement, when terms change, or when formal documentation is needed for payroll, visa verification, or agency records.

Step-by-step: Completing the Agreement

Follow these sequential steps to prepare, review, and finalize the agreement.

  • 01
    Prepare: Gather IDs, visa details, and contact information.
  • 02
    Populate: Enter names, dates, schedules, and compensation.
  • 03
    Review: Both parties confirm duties and emergency plans.
  • 04
    Sign: Execute by hand, in-person, or via compliant eSignature.

How to Configure an Online Completion Workflow

Set up fields and authentication to match the agreement’s legal sensitivity and the sponsor’s requirements.

Field Configuration
Authentication Level Email link, SMS code, or stronger KBA where required
Conditional Fields Show visa and passport fields only for non‑U.S. citizens
Template & Reuse Save as a template for future placements
Notifications Auto-notify sponsor, host, and au pair on completion

Typical eSubmission Flow for an Aupair Agreement

A standardized digital flow reduces turnaround time and preserves an audit trail for compliance.

  • Upload Document: Import PDF or DOCX to the signing platform.
  • Place Fields: Add name, date, initials, and signature fields.
  • Send to Signer: Deliver via email link or secure signing portal.
  • Complete and Archive: Signers execute and receive a copy with audit details.

Technical Considerations for Digital Signing and Storage

Choose a platform that supports your authentication, audit, and retention needs before eSigning.

  • File Formats: PDF, DOCX accepted
  • Integrations: CRM and cloud storage
  • Security: TLS and AES encryption

Core Sections to Include in a Professional Agreement

A complete agreement addresses parties, duties, compensation, duration, safety, and compliance.

Parties and Recitals

Identify host family, au pair, any placement agency, and the relationship purpose, including sponsor program name where applicable.

Term and Schedule

Specify start and end dates, minimum notice periods, typical daily hours, weekly maximums, and agreed time off.

Duties and Limits

Describe childcare duties, household tasks permitted, driving responsibilities, and any prohibited activities or overnight care rules.

Compensation and Benefits

Detail stipend amount, payment cadence, room and board standards, reimbursement policies, and tax withholding responsibilities.

Termination and Notice

Set termination grounds, required notice, immediate removal conditions for safety issues, and dispute resolution preferences.

Compliance and Background Checks

Document criminal background checks, child-protection clearances, immunization expectations, and visa or sponsor reporting obligations.

Essential Personal and Security Information to Collect

Full Name: Exact legal name
Passport Number: From passport ID page
Visa Details: Type and expiration
Emergency Contact: Name and phone
Background Consent: Signed authorization
Driver’s License: Number and state

Key Legal and Financial Risks from an Incomplete Agreement

Visa Noncompliance: Sponsor sanctions possible
Wage or Tax Claims: Back pay or withholding liabilities
I-9 or Payroll Violations: Civil fines possible
Child Safety Liability: Criminal or civil exposure
Breach of Contract: Damages and arbitration
Data Privacy: HIPAA or state breaches

Common Mistakes to Avoid When Preparing the Agreement

  • Vague schedules that omit maximum weekly hours, creating confusion about overtime and rest periods and increasing dispute risk.
  • Incomplete immigration details such as missing visa number or expiration, which can jeopardize sponsor reporting and lawful employment status.
  • Failing to document room-and-board terms or living expectations, which often leads to disagreements over privacy, expenses, or shared spaces.
  • Not keeping a signed, time-stamped copy for each party; lack of an original record complicates payroll audits and sponsor compliance checks.

Important Dates and Filing Deadlines to Track

Mark these key dates in the placement lifecycle to meet payroll, immigration, and recordkeeping obligations.

Agreement Effective Date:

Date parties sign to begin obligations

Payroll Reporting:

W-2 to employees by Jan 31 each year

I-9 Retention:

Retain I-9 three years after hire or one year after termination

Visa Sponsor Reporting:

Follow sponsor timelines for arrival and departure notices

Termination Notice:

Observe contract notice periods, commonly 14–30 days

eSignature Vendor Comparison for Executing the Aupair Employment Agreement

Compare common plan and compliance features for signing and storing sensitive employment agreements; signNow is listed first per vendor comparison conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Two Practical Examples of Agreement Use

These short scenarios show real issues the agreement can resolve.

Family Placement Example

A New Jersey host family formalized hours and driving limits to prevent disputes

  • The au pair’s visa and insurance details were included
  • The written terms resolved a scheduling disagreement without sponsor involvement and supported timely payroll reporting.

Agency-Mediated Example

A placement agency required background-check consent and emergency contacts before placement

  • The agreement included onboarding checklists
  • The agency used the signed record to document compliance with program sponsor audits.

Practical Tips for Accurate, Efficient Completion

Adopt these practices to reduce errors, speed approvals, and strengthen enforceability.

Use a Standard Template
Maintain a vetted template to ensure consistent clauses, reduce drafting time, and avoid missing essential compliance language for visas and child-safety obligations.
Verify Identity and Visa Data
Confirm passport and visa entries against original documents and attach copies to the agreement for sponsor audits and immigration checks.
Record Signatures Securely
If using eSignatures, capture an audit trail with timestamps, IP addresses, and authentication level to support ESIGN/UETA compliance and evidentiary needs.
Keep Versioned Records
Store executed originals and any amendments together with a change log so parties can trace modifications and notice dates during disputes.

Frequently Asked Questions About the Aupair Employment Agreement

Answers to common legal and operational questions about drafting, signing, and storing the agreement.


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