Transcript
Introduction
Ben W
Welcome to the Morgan & Mallet Luxury Staffing Podcast. Today we have co-founder Morgan, and we are focusing on French labor law. We will look at the contracts, the clauses, the details, and the common mistakes when hiring private staff in France. Morgan, how are you?
Morgan
Very good, thank you. I am pleased to talk about the French contract.
Ben W
For new listeners, Morgan started Morgan & Mallet with Laurine Mallet in 2015. The agency has grown every year, with offices in London, Paris, Monaco, Switzerland, New York, Dubai, Miami, and now Cape Town. Any memorable moment from your years in the business?
Morgan
Meeting a celebrity you admired when you were young is special. You run the business, and then you meet that person in real life. That is one of the good things about this industry.
The Essential Clauses
Ben W
What are the essential clauses every private household contract should include?
Morgan
It depends on the position, but the contract must be precise. Detail the duties, the responsibilities, the hours, the notice period, and the trial period. For a live-in role, specify all the rules and the details of the accommodation. A strong contract keeps everything clear for both sides, the client and the candidate.
Ben W
How much should each contract be customized to the role?
Morgan
As much as possible. It is best to be advised by a lawyer for the full contract, then take practical advice from us. We are not lawyers, but after 12 years we can share tips, especially on live-in rules, which are very specific in France. Put the right people around you, a lawyer and a Morgan & Mallet consultant, so everything ends up in the contract.
The Most Common Mistakes
Ben W
What are the most common mistakes families make when drafting or signing contracts in France?
Morgan
The most common mistake is the hours. When they are not clear, there is miscommunication. The candidate can rightly say they worked more, and then ask for extra pay. The hours and the days off are the key points.
Hours, Overtime and Seasonal Duties
Ben W
How should working hours, rest days, and overtime be defined? And salaries in this industry are high partly because of the hours, right?
Morgan
Keep a record of everything, every single day, on both sides. There are apps and tools for this. The hours are long whatever the role, so tracking removes any doubt. And yes, the hours and the flexibility are part of the salary, much like hospitality.
Ben W
How should overlapping or flexible duties be described in the contract?
Morgan
Use examples. Explain that in a given situation the person may work more hours. For a holiday home there is more activity in summer, like a house in Saint-Tropez, or in winter for a chalet in Courchevel. Write those situations down so nobody is surprised.
Ben W
The lawyer will not know when peak season is. How does that detail get into the contract? Is that the recruiter’s job?
Morgan
Yes, that is part of our role. We keep a strong relationship between the lawyer, the family office, the client, and the candidate. The lawyer knows the law but not the practice, so the communication between everyone is what makes it work. During interviews we also uncover things that then need to be in the contract.
The Payroll Service
Ben W
You offer a payroll service. What are the advantages for a client?
Morgan
The client is no longer the employer. In France it is complicated to employ people, with a lot of tax and admin. Many clients, especially foreigners, prefer to give us that job so they can simply enjoy their homes. It also keeps them discreet, because we are the employer and the staff may not know who the final owner is. Demand rises in summer between Monaco and Saint-Tropez, and in winter for Courchevel and Val d’Isère. We even run payroll for a billionaire client with 10 to 20 staff.
Terminating a Contract
Ben W
It is famously hard to end a French labor contract. When clients use the payroll service, that difficulty shifts to you. How do you handle it?
Morgan
Ending a contract is the hardest part of the job. If the client is unhappy, it is our role as employer to manage it, but always with respect. I was a candidate before, so I understand it is not an easy time. The most important thing is communication and finding a fair way for both sides. A candidate who is not right for one job can be great for another, and sometimes the mistake comes from the client, not the candidate.
Trial Periods, CDI and CDD
Ben W
How do probation periods work in France?
Morgan
It depends how you employ. As an individual, it is one month plus one month, so two months maximum. Through a company that manages your estate, it can be four to six months, and up to four months for a manager, a cadre. There are also two contract types, the CDI, which is permanent, and the CDD, which is temporary. Some clients use a CDD to stretch the trial period, but that is not allowed. A CDD is only for temporary work or a short rise in activity. Use a CDI with the right trial period from the start.
Ben W
So a permanent contract also helps attract the best candidates?
Morgan
Yes. Nobody leaves a permanent CDI for a temporary CDD. People want permanent positions, so a CDI is the way to attract the best, especially for foreign clients.
NDAs and Live-in Rules
Ben W
Are confidentiality or non-disclosure clauses essential? And how do live-in and live-out agreements differ?
Morgan
Every contract must have an NDA. Household staff enter your private life and your lifestyle, so it is a must. For live-in roles, the accommodation clause must explain how the space is used, who can be brought in, the alarm and security, and what happens on termination, including notice, since someone cannot leave the accommodation in a single day. Every situation should be described.
Small Clauses, Big Disputes
Ben W
Which small but strategic clauses prevent major disputes later? Have you seen a bad situation caused by a poor contract?
Morgan
Take a domestic couple. You employ two people, and if one is not right for the job, it is hard to keep the other, because they are a couple. You need a clause covering what happens to the second person if the first leaves. I have seen bad cases where staff stayed in the property but were no longer employed, and the client could not hire anyone else because the accommodation was full. That is why a strong setup from the start, with a lawyer and with us, matters so much.
Closing
Ben W
A quick note that this is for information only and is not legal advice. Thank you, Morgan. If you want to hire a housekeeper, nanny, butler, chauffeur, wardrobe manager, or pet sitter, head to householdstaff.agency. Candidates looking for their next role can visit householdstaff.agency/jobs. Subscribe on
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Morgan
Thank you, Benjamin. Thank you so much, and good luck everyone.