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Соглашение
Совета Европы о деятельности AU Pair
European
Agreement on AuPair Placement
Strasbourg, 24.XI.1969
The member States of the Council of Europe, signatory hereto,
Considering that the aim of the Council of Europe is to achieve
greater unity between its members, in particular for the purpose of facilitating
their social progress;
Noting that in Europe more and more young persons, especially
girls, are going abroad to be placed «AuPair»;
Considering that, without wishing to make any critical assessment
of this widespread practice, it is advisable to define
and standardise, in all member States, the conditions governing such
«AuPair» placement;
Considering that «AuPair» placement constitutes in member States
an important social problem with legal, moral, cultural and economic
implications, which transcends national boundaries and thereby takes on a European
complexion;
Considering that persons placed «AuPair» belong neither to the
student category nor to the worker category but to a special
category which has features of both, and that therefore it is useful
to make appropriate arrangements for them;
Acknowledging more particularly the need to give persons placed «AuPair»
adequate social protection inspired by the principles laid down in the
European Social Charter;
Considering that many of these persons are minors deprived for a long
period of the support of their families, and that as such
they should receive special protection relating to the material or moral
conditions found in the receiving country;
Considering that only the public authorities can fully ensure and
supervise the implementation of these principles;
Being convinced of the need for such co-ordination within the
framework of the Council of Europe,
Have agreed as follows:
Article 1
Each Contracting Party undertakes to promote in its territory to the
greatest extent possible the implementation of the provisions of this
Agreement.
Article 2
1. «AuPair» placement is the temporary reception by families,
in exchange for certain services, of young foreigners who come
to improve their linguistic and possibly professional knowledge as well
as their general culture by acquiring a better knowledge of the
country where they are received.
2. Such young foreigners are hereinafter called persons placed «AuPair».
Article 3
Placement «AuPair» which shall initially be for a period not
exceeding one year
Article 4
1. The person placed «AuPair» shall not be less than 17 or more
than 30 years of age.
2. Nevertheless, exceptions to the upper age limit may be granted
by the competent authority of the receiving country in individual
cases when justified.
Article 5
The person placed «AuPair» shall have a medical certificate,
established less than three months before placement, declaring that
person’s general state of health.
Article 6
1. The rights and obligations of the person «AuPair» and the
receiving family, as those rights and obligations are defined in this
Agreement, shall be the subject of an agreement in writing
to be concluded between the parties in question, in the
form of a single document or of an exchange of letters,
preferably before the person placed «AuPair» leaves the country in which
that person was resident and at latest during the first week of the
placement.
Article 7
The agreement referred to in Article 6 shall specify inter
alia the manner in which the person placed «AuPair» is to share
the life of the receiving family, while at the same time
enjoying a certain degree of independence.
Article 8
1. The person placed «AuPair» shall receive board and lodging from the
receiving family and, where possible, shall occupy a separate room.
2. The person placed «AuPair» shall be given adequate time to attend
language courses as well as for cultural and professional
improvement; every facility as regards the arrangement of working
hours shall be accorded to this end.
3. The person placed «AuPair» shall have at least one full free day
per week, not less than one such free day in every month being a Sunday,
and shall have full opportunity to take part in religious
worship.
4. The person placed «AuPair» shall receive a certain sum of money,
as pocket money, the amount of which and the intervals at which
it is paid shall be determined by the agreement
referred to in Article 6.
Article 9
A person placed «AuPair» shall render the receiving family services
consisting in participation in day-to-day family duties. The
time effectively occupied in such services shall generally not be more
than five hours per day.
Article 10
1. Each Contracting Party shall state, by listing them in Annex
I to this Agreement, the benefits to which a person
placed «AuPair» will be entitled within its territory in the
event of sickness, maternity or accident.
2. If and in so far as the benefits listed in Annex
I cannot be covered, in the receiving country, by national
social security legislation or other official schemes, taking into
account the provisions of international agreements or the
Regulations of the European Communities, the competent member of the
receiving family shall, at his own expense, take out a private
insurance.
Article 11
1. Where the agreement referred to in Article 6 has been
concluded for an unspecified period, either party shall be entitled
to terminate it by giving two weeks’ notice.
2. Whether the agreement was made for a specified period or not,
it may be terminated with immediate effect by either party
in the event of serious misconduct by the other party or if other
serious circumstances make such termination necessary.
Article 12
The competent authority of each Contracting Party shall appoint the
public bodies and may appoint the private bodies to be entitled
to deal with «AuPair» placement.
Article 13
1. Each Contracting Party shall send to the Secretary General of the
Council of Europe a report at five-yearly intervals, in a form
to be determined by the Committee of Ministers,
concerning the application of the provisions of Articles 1 to 12.
2. The reports of the Contracting Parties shall be submitted for
examination to the Governmental Social Committee of the Council
of Europe.
3. The Governmental Social Committee shall present to the Committee
of Ministers a report containing its conclusions; it may
also make any proposals designed to:
Article 14
1. This Agreement shall be open to signature by the member
States of the CE, who may become Parties to it either by:
a. signature without reservation in respect of ratification or acceptance;
or
b. signature with reservation in respect of ratification or acceptance,
followed by ratification or acceptance.
2. Instruments of ratification or acceptance shall be deposited
with the Secretary General of the Council of Europe.
Article 15
1. This Agreement shall enter into force one month after the date on which
three member States of the Council shall have become Parties to the
Agreement, in accordance with the provisions of Article 14.
2. As regards any member States who shall subsequently sign the
Agreement without reservation in respect of ratification or acceptance
or who shall ratify or accept it, the Agreement shall enter into
force one month after the date of such signature or after the
date of deposit of the instrument of ratification or acceptance.
Article 16
1. After the entry into force of this Agreement, the Committee of Ministers
of the Council of Europe may invite any non-member State to accede
thereto.
2. Such accession shall be effected by depositing with the
Secretary General of the Council of Europe an instrument of accession
which shall take effect one month after the date of its deposit.
Article 17
1. Any signatory State, at the time of signature or when
depositing its instrument of ratification or acceptance, or any
acceding State, when depositing its instrument of accession, may
specify the territory or territories to which this Agreement
shall apply.
2. Any signatory State, when depositing its instrument of ratification
or acceptance or at any later date, or any acceding
State, when depositing its instrument of accession or at any
later date, by declaration addressed to the Secretary General of the
Council of Europe, may extend this Agreement to any other
territory or territories specified in the declaration and for
whose international relations it is responsible or on whose
behalf it is authorised to give undertakings.
Article 18
1. Any signatory State, at the time of signature or when
depositing its instrument of ratification or acceptance, or any
acceding State when depositing its instrument of accession, may
declare that it avails itself of one or more of the
reservations provided for in Annex II to this Agreement. No other
reservation shall be admissible.
2. Any signatory State or any Contracting Party may wholly or partly
withdraw a reservation it has made in accordance with the
foregoing paragraph by means of a declaration addressed to the
Secretary General of the Council of Europe which shall become
effective as from the date of its receipt.
Article 19
Any signatory State, at the time of signature or when
depositing its instrument of ratification or acceptance, or any
acceding State when depositing its instrument of accession, shall
make known the benefits to be listed at Annex I in accordance
with the provisions of paragraph 1 of Article 10.
Article 20
1. This Agreement shall remain in force indefinitely.
2. Any Contracting Party may, in so far as it is concerned,
denounce this Agreement by means of a notification
addressed to the Secretary General of the Council of Europe.
Such denunciation shall take effect six months after the date of receipt
by the Secretary General of such notification.
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