There is an employment contract if someone receives payment of wages in return for services rendered to another over a certain period of time. An au pair works for a reduced fee along with board in return for care of the children of the family and household chores. An au pair agreement may not last longer than one year. If the work continues after that then there is a contract if the aforementioned conditions still apply. The requirements for employed work will then exist: performance of work, payment of wages and the relationship of authority. From that moment the reduced fee is not sufficient, the legal minimum wage must be paid.
The Sub-District Court recently ruled in a lawsuit that a former au pair, who continued to do the same work after the original agreement had ended, was entitled to payment of the minimum wage. According to the judge all elements of an employment agreement were present. The amount of outstanding wages the au pair was entitled to must be decided in substantive proceedings. A short lawsuit is not appropriate for examining extensive evidence.