Create a Quebec Domestic Worker Employment Contract (Contrat de travail domestique) compliant with CCQ arts. 2085-2097 and the Loi sur les normes du travail (LNT) provisions for domestic workers. Covers duties (housekeeping, childcare, elder care, cooking, gardening), work schedule, hourly pay, accommodation and meals (with LNT deduction rules), vacation pay (LNT arts. 66-72), statutory holidays, sick leave, CNESST coverage, termination notice, privacy/confidentiality, and good faith (art. 1375 CCQ). Bill 96 compliant.
What Is a Domestic Worker Employment Contract (Quebec)?
A Quebec Domestic Worker Employment Contract (Contrat de travail domestique) is a written employment agreement between a household employer and a person hired to perform work within a private home, such as housekeeping, childcare, elder care, cooking, gardening, or general household maintenance. The contract formalizes the legal relationship between the parties in compliance with the Code civil du Québec (C.c.Q.), particularly articles 2085 to 2097 governing employment contracts, and the Loi sur les normes du travail (LNT, RLRQ c. N-1.1) which provides specific protections for domestic workers.
Article 2085 C.c.Q. defines the employment contract as one by which a person undertakes, for a limited or indeterminate period, to do work for remuneration, under the direction or control of another person. Domestic workers clearly meet this definition: they work under the direction of the household employer, perform specific domestic duties, and receive wages. The key legal distinction between a domestic worker and an independent service provider (such as a cleaning company) is the element of subordination and direction — if the household controls how, when, and where the work is performed, an employment relationship exists, regardless of how it is labelled.
The LNT applies to virtually all Quebec employees, including domestic workers, with some modifications to reflect the nature of domestic employment. The law defines a domestic employee (salarié domestique) as a person who performs, for an employer, work related to the maintenance of the private dwelling or who provides care to a person living there. This definition covers a wide range of domestic roles: housecleaners, nannies, babysitters, au pairs, care attendants for elderly family members, housekeepers, chauffeurs who also perform household duties, and general household assistants.
The Règlement sur les normes du travail (RLRQ c. N-1.1, r. 3) complements the LNT by providing specific rules applicable to domestic workers, particularly regarding deductions from wages for accommodation and meals provided by the employer. These regulations protect domestic workers from having their effective wages reduced below minimum wage through excessive deductions for room and board.
The Loi sur les accidents du travail et les maladies professionnelles (LATMP, RLRQ c. A-3.001) requires employers of domestic workers to register with the CNESST and pay the required contributions, providing domestic workers with mandatory workers' compensation coverage. This requirement applies to individual household employers, not just commercial enterprises — a private family employing a nanny or housekeeper must register with the CNESST.
Bill 96 (Loi sur la langue officielle et commune du Québec, le français) requires that employment contracts offered to employees in Quebec be drafted in French. The good faith principle under article 1375 C.c.Q. is particularly important in domestic employment, given the intimate nature of the work environment and the power imbalance that can exist between a household employer and a domestic worker. This template is written entirely in French to comply with these requirements.
A domestic worker employment contract also serves a critical function in clarifying the privacy obligations of the domestic worker. Because domestic work is performed within the employer's private home, the worker is necessarily exposed to the personal life, daily routines, financial situation, health information, and family relationships of the employer and household members. A comprehensive confidentiality clause protects the employer's privacy interests, while the good faith obligation under article 1375 C.c.Q. ensures that the relationship is conducted with mutual respect and dignity. For live-in domestic workers — particularly nannies and elder care attendants — the contract must also address the boundary between working hours and personal time, any shared use of household facilities, and the process for resolving misunderstandings before they escalate into formal disputes before the CNESST or the Tribunal administratif du travail.
When Do You Need a Domestic Worker Employment Contract (Quebec)?
A Quebec Domestic Worker Employment Contract is needed whenever a household employs a person to perform domestic work on a regular basis, regardless of the number of hours worked per week. The contract is legally advisable in all the following situations.
When hiring a full-time or part-time housekeeper or cleaner to maintain a private home, including cleaning, laundry, ironing, grocery shopping, and general domestic organization, a written employment contract establishes the schedule, hourly rate, duties, and termination conditions, protecting both the employer from unexpected claims and the worker from precarious working conditions. Without a written agreement, both parties are exposed to disputes about hours worked, overtime entitlements, and termination notice, all of which are regulated by the LNT.
When hiring a nanny, babysitter, or au pair to care for children in the household, a domestic worker employment contract is essential for defining the childcare duties, working hours, compensation, accommodation arrangements (if the nanny lives in), and any educational or developmental responsibilities. For live-in childcare arrangements, the contract must address the accommodation, meal provisions, and the boundary between working hours and personal time — areas that commonly give rise to disputes without clear written terms. The contract also documents the employer's CNESST registration obligation for the nanny, which applies to all private household employers under the LATMP.
When hiring a care attendant or companion for an elderly, disabled, or ill family member living in the household, the employment contract provides clarity about care responsibilities, medical care procedures, emergency protocols, required qualifications, and confidentiality of the care recipient's health information. Elder care arrangements are particularly sensitive and benefit from comprehensive written documentation, including provisions about medication administration, personal hygiene assistance, medical appointments, and communication with family members.
When retaining the services of a cook, personal chef, or household meal preparer on a regular employment basis, the contract defines meal planning responsibilities, dietary requirements, food safety obligations, shopping authority, and compensation.
When hiring a gardener, groundskeeper, or general household maintenance person to work on a regular schedule at a private residence, a domestic work contract establishes the scope of outdoor and maintenance duties, equipment provided by the employer, seasonal schedule variations, and safety protocols.
When a household employs a person in a mixed domestic role combining several of the above functions — such as a housekeeper who also provides childcare assistance — the contract is particularly important for defining which duties take priority, what the hourly rate covers, and how to handle requests to expand the scope of work.
For all live-in domestic arrangements, the employment contract is critical because the employment and housing aspects of the relationship are intertwined. If the employment ends, the worker's right to housing also ends — and the contract must address the notice required to vacate and any transition support provided by the employer. The CNESST registration obligation, which applies to all Quebec household employers, should be addressed in the contract to ensure both parties understand this mandatory requirement.
Even for seasonal or temporary domestic arrangements — such as a summer nanny or a temporary housekeeper during a family member's recovery — a written contract reduces the risk of disputes about hours, compensation, and termination conditions. The LNT applies regardless of whether the arrangement is seasonal or permanent; both parties benefit from clearly documented terms from the outset. The good faith principle of CCQ art. 1375 requires that the contract be negotiated and performed honestly, with each party exercising their rights in a manner consistent with the expectations of the other.
What to Include in Your Domestic Worker Employment Contract (Quebec)
A Quebec Domestic Worker Employment Contract should include the following key elements to be legally compliant and protective of both parties.
Party Identification — Full legal name and address of the employer (household), and full legal name, address, and contact information of the domestic worker. Employment start date.
Duties and Functions — Primary type of domestic work (housekeeping, childcare, elder care, cooking, gardening, mixed) and detailed itemized list of specific duties and responsibilities. A clear and comprehensive duty description prevents disputes about the scope of work and reduces the risk of claims that the employer unilaterally expanded the worker's duties beyond what was agreed.
Work Schedule — Days worked per week, total weekly hours, typical daily hours, and rest periods. Domestic workers in Quebec are entitled to at least 32 consecutive hours of rest per week (LNT art. 78). The schedule should distinguish between regular hours, on-call hours (for live-in arrangements), and any expected flexibility.
Remuneration — Hourly rate meeting or exceeding the Quebec minimum wage (LNT art. 40). Payment frequency per LNT art. 43. Payment method (direct bank transfer, cheque, or cash with signed receipt). Mandatory payroll deductions for income tax, QPP contributions, and QPIP premiums. Overtime at 150% for hours beyond 40 per week (LNT art. 52). Payslip issuance requirement.
Accommodation (if provided) — Description of the accommodation, whether provided free or subject to a deduction, the deduction amount per LNT regulations. Conditions for the accommodation, including privacy arrangements, shared spaces, and the process for vacating upon termination. Any deduction must comply with the Règlement sur les normes du travail maximum amounts and cannot reduce the effective wage below minimum wage.
Meals (if provided) — Description and value of meals provided, deduction rules per LNT regulations. Combined accommodation and meal deductions cannot reduce the effective wage below minimum wage.
Vacation and Leaves — Vacation pay per LNT arts. 66-72 (minimum 4% after 1 year, 6% after 3 years). Eight statutory holidays per LNT art. 60. Sick leave (LNT art. 79.1 provides 2 unpaid days minimum; employer may provide more). Family obligation leave, domestic violence leave, parental leave per LNT.
CNESST Registration — Employer's obligation to register the domestic worker with the CNESST and pay LATMP contributions. This protects the worker with income replacement at 90% of net income and full medical coverage in case of workplace accident or occupational disease.
Termination Notice — Minimum notice per LNT arts. 82-83 based on seniority (1 to 8 weeks). Reasonable notice per CCQ art. 2091. Employee resignation notice. Immediate termination for serious cause (CCQ art. 2094). For live-in domestic workers, the notice period for vacating the accommodation (minimum 7 days beyond employment end date).
Privacy and Confidentiality — The domestic worker's obligation to maintain strict confidentiality about the employer's private life, family relationships, financial matters, health information, and daily activities, during and after employment. This obligation is permanent and survives the end of the employment.
Good Faith — Mutual obligation per CCQ art. 1375. Employer's duty to treat the domestic worker with dignity and respect, provide necessary equipment, maintain a safe working environment, and comply with all applicable laws. Employee's duty to perform work with competence and diligence.
Governing Law — CCQ arts. 2085-2097, LNT, LATMP, LSST, Charte des droits et libertés de la personne. CNESST and TAT jurisdiction. Bill 96 French language compliance.
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