au pair - Accueil

Komentáře

Transkript

au pair - Accueil
Unofficial translation
Luxembourgish legislation valid only in French
Law of 18 February 2013 on placement of “au pair” young persons, modifying
1. the amended Law of 29 August 2008 on free movement of persons and
immigration
2. the Law of 4 July 2008 on youth
3. the Social Security Code
Article 1. “Au pair” placement
(1) “Au pair” placement means the temporary stay in a family, in exchange for light day-today family duties, of young foreigners who come to improve their linguistic knowledge as
well as their general culture by acquiring a better knowledge of the country of stay, by
encouraging them to take part in the cultural activities of the country.
(2) The “au pair” young person’s participation in day-to-day family duties shall not be the
main purpose of the stay. It may not exceed an average of five hours per day over a period of
one week. The weekly participation may not exceed an average of thirty hours over a period
of one month or four weeks.
(3) The provisions of the Labour Code do not apply to “au pair” placement.
Article 2. Host families
(1) The host family shall:
1° have among its members at least one child who is under 13 years old at the beginning of
the “au pair” young person’s placement;
2° for children who are under six years old, prove that their day-care placement has been
planned for the term of the “au pair” young person’s placement;
3° provide an extract from police records not older than three months old for all its adult
members at the beginning of the “au pair” young person’s placement, proving that the
moral conditions are met;
4° subscribe to a statutory health and accident insurance scheme for the “au pair” young
person pursuant to Articles 1 and 85 of the Social Security Code for the term of the “au
pair” placement;
5° take out civil liability insurance with a duly approved insurer in Luxembourg for the “au
pair” young person for the term of the “au pair” placement;
6° give the “au pair” young person at least three free evenings per week, in addition to a
whole day off per week and two more days off per month;
7° give the “au pair” young person adequate time to attend language courses as well as for
cultural improvement;
8° cover the costs related to language courses attended by the “au pair” young person;
9° provide board and lodging to the “au pair” young person;
10° provide the “au pair” young person with a separate room and give him/her free access to
the house;
1
11°wire every month to the “au pair” young person a fixed amount equivalent to a quarter of
the minimum social wage, as pocket money, regardless of potential inactivity periods of
the “au pair” young person. Pocket money is exempted from general tax and social
charges as provided for with respect to wages;
12° take care of potential early repatriation of the “au pair” young person due to illness,
accident, withdrawal of the approval or withdrawal of the authorisation of the “au pair”
young person.
(2) The host family may host no more than one “au pair” young person at a time.
(3) The host family shall have a written approval of the minister for youth, allowing it to
host an “au pair” young person.
(4) In order to obtain this approval, the host family shall:
1° meet the conditions laid down in paragraph (1), items 1 to 3 and agree to comply with the
conditions laid down in the above items 4 to 12;
2° submit an application for approval to the minister for youth by way of a pre-established
form including all supporting documents, and agree to provide a certificate of the “au pair”
young person’s affiliation to a statutory health and accident insurance scheme for the term
of the “au pair” placement in accordance with Articles 1 and 85 of the Social Security Code
within a month following the beginning of the “au pair” placement.
(5) Approval shall be refused where the application contains incomplete or inaccurate data
or where the conditions laid down in paragraph (1), items 1 to 3 hereabove are not fulfilled.
(6) Approval shall be withdrawn where the host family ceases to satisfy the conditions for
approval, respectively the commitments on the basis of which its granting was submitted, or
where, by its actions, it endangers either the safety or the physical or psychological health of
the “au pair” young person. It shall also be withdrawn where the host family does not meet
the commitments under the “au pair” placement agreement concluded with the “au pair”
young person.
Article 3. “Au pair” young person.
(1) The “au pair” young person shall:
1° be at least 18 years old and under 30 years old;
2° be resident of a country other than Luxembourg;
3° be holder of a permit giving him/her access, in the home country, to higher education or
prove that he/she attended classes up to the age of 17;
4° have basic knowledge of one of the languages spoken by the host family as well as of
English or one of the three languages of administration as defined in the Law of 24
February 1984 on the languages regime;
5° provide a medical certificate issued at least 3 months before his/her placement, certifying
the “au pair” young person’s ability to perform light day-to-day family duties, including
child care;
6° have concluded an “au pair” placement agreement with an approved host family;
7° upon arrival, take part in a compulsory information session organised by the National
Youth Service;
8° comply with laws on the entry and residence of aliens,
9° attend language courses during the term of the “au pair” placement;
10° not exercise any activity in an employed or self-employed capacity during the term of the
“au pair” placement.
2
(2) The “au pair” young person shall have the approval of the Minister for Youth.
(3) In order to obtain the approval, the “au pair” young person shall:
1° meet the conditions laid down in paragraph (1), items 1 to 6 and agree to comply with the
conditions laid down in the above items 7 to 10;
2° submit an application for approval to the Minister for Youth by way of a pre-established
form including all supporting documents, and agree to comply with the conditions laid
down in the above items 7 to 10.
(4) “Au pair” placement shall not exceed a period of one year.
(5) Changing host families is only possible once and if the “au pair” placement does not
exceed a total period of one year.
(6) Approval may be withdrawn:
1° where the “au pair” young person has engaged in deceptive practices or has made
inaccurate statements to obtain it;
2° where the “au pair” young person does not comply with the conditions or the made
commitments on the basis of which the granting of approval was submitted.
Article 4. “Au pair” placement agreement
(1) The host family that wishes to host an “au pair” young person shall, before the “au pair”
young person leaves his country of residence, conclude an “au pair” placement agreement
with the “au pair” young person, defining the rights and obligations of each party.
(2) The agreement shall necessarily include the following;
1° term of “au pair” placement;
2° time to be devoted to family duties as well as the provisional timetable;
3° days off;
4° location of the “au pair” placement and lodging conditions;
5° duties to be performed by the “au pair” young person and means made available to perform
them;
6° language courses paid by the host family for the “au pair” young person;
7° amount of the allowance granted as pocket money to the “au pair” young person during the
“au pair” placement;
8° reference to the fact that the agreement is concluded subject to the host family’s approval
agreement and the “au pair” young person’s authorisation.
Article 5. Early termination of “au pair” placement
(1) The “au pair” placement is automatically terminated at the end of the term, in case of
withdrawal of the host family’s approval or in case of withdrawal of the “au pair” young
person’s authorisation.
(2) If the host family’s approval is withdrawn, the “au pair” young person’s authorisation
remains in effect, provided that the “au pair” young person provides a new “au pair”
placement agreement within one month.
(3) The “au pair” placement agreement may be terminated early with immediate effect in
case of force majeure or gross negligence by one of the parties and by giving at least one
month notice in any other cases. The party that is considering terminating the “au pair”
3
placement agreement shall notify the other party in writing with a copy thereof to the attention
of the National Youth Service.
(4) Where the host family is considering terminating the “au pair” placement agreement
before the end of the term, it shall, before any decision, convene the interested person to a
meeting where the reasons of the contemplated decision are explained and where the “au pair”
young person’s explanations are heard. The host family and the “au pair” young person have
the right to ask for the mediation of a representative of the National Youth Service, provided
that they inform the other party thereof beforehand and in good time.
Article 6. Government contributions
(1) The National Youth Service is in charge of the management, supervision and
coordination of “au pair” placements.
(2) The National Youth Service is responsible for the following tasks:
1° coordination between candidates and host families;
2° management of applications for approval of host families and applications for authorisation
of “au pair” young persons.
3° supervision of “au pair” placements;
4° organisation of compulsory information sessions for young persons placed “au pair” in
Luxembourg;
5° setting up of an emergency number for “au pair” young persons;
6° providing for mediation in case of discrepancies between host families and “au pair” young
persons;
7° providing young persons from Luxembourg, who are willing to take part in an “au pair”
placement abroad, with information on their rights and obligations.
(3) Officials of the National Youth Service may, in the performance of their missions and
with supporting documents of their duties, visit the host families’ homes, to check whether the
conditions for approval provided for in Article 2 are met. Home visits may only take place
between 7 a.m. and 8 p.m.
Article7. Amending provisions
(1) Article 7, item d) of the Law of 4 July 2008 on youth is replaced by the following text:
“d) manage, supervise and coordinate “au pair” placements in Luxembourg and promote
European and international exchanges between young persons and actors working with young
persons.”
(2) The amended Law of 29 August 2008 on free movement of persons and immigration is
amended as follows:
1° Article 38, item 1d) is complemented by the words “or “au pair” young person”;
2° The title of subsection 4 has the following wording: “Stay permits for students, pupils,
interns, volunteers or “au pair” young persons.”
3° The following shall be added to Article 62 as new Article 62a:
“62a (1) By application of Article 38, stay permits are granted by the minister to the
third-country national for the purpose of an “au pair” placement if he/she meets the
conditions as laid down in Article 34, paragraphs (1) and (2) and if he/she provides a
written approval of the minister for youth as required by Article 3 of the Law of
DDMMYYYY on “au pair” young people;
4
(2) The third-country national who is authorised to stay under paragraph (1) is granted
under Article 40 a stay permit for ““au pair” young person” which is valid for a nonrenewable period of no more than one year.
(3) Without prejudice to Article 101, stay permits for ““au pair” young person” may be
withdrawn if the conditions for the granting of the approval are no longer met. The
minister for youth shall promptly inform the minister in charge of withdraw of the “au
pair” young person’s authorisation.”
(3) The Social Security Code is amended as follows:
1° The following shall be added to Article 1, paragraph 1 as new item 21):
“21) “au pair” young persons staying in a host family in accordance with the Law of
DDMMYYYY on “au pair” young people.”
2° Article 32 is complemented by an 11th indent with the following wording:
“- shall be entirely borne by the host family for ensured people referred to in Article 1,
under item 21).”
3° The following shall be added to Article 85, paragraph 1 as new item 12):
““au pair” young persons during the performance of family duties and attendance of
language courses as defined in the “au pair” placement agreement provided for in Article 4
of the Law of DDMMYYYY on “au pair” young people.”
4° Article 117 is amended as follows:
“By way of derogation from the above articles, children, schoolboys(girls), pupils and
students referred to in Article 91 under item 1), young persons who provide volunteer
services referred to in Article 85 under item 9) and “au pair” young persons referred to in
Article 85 under item 12) shall be entitled to leave no early than from the age of 18 until the
complete or partial pension equal to the product obtained by multiplying the degree of
permanent incapacity by the minimum provided for in Article 104 increased by twenty per
cent, provided that they are suffering from a work incapacity of at least twenty per cent
within the meaning of Article 119.”
5° The first sentence of Article 150 is amended as follows:
“Contributions shall be borne by the employer for insured people referred to in Article 85
under items 1), 2), 3), 6), 9), 10) and 11), by the religious congregation for insured people
referred to in Article 85 under item 4), by the Government for insured people referred to in
Article 85 under item 5) and by the host family insured people referred to in Article 85
under item 12).”
Article 8. Abbreviated title
Any reference to this Law may be made by using the following abbreviated title: “Law of
18 February 2013 on “au pair” young people”.
5

Podobné dokumenty