Question 4025 — family benefits

Summary

Ms. Sophie Errante draws the attention of the Minister to the Minister of Labor, Health, Solidarity and Families, responsible for work and employment, to the difficulties encountered by childminders in the event of non-payment of their salary. Currently, employer parents receive the young child care benefit (PAJE), an aid defined in article L. 511-1 of the social security code as a family benefit. However, according to article L. 533-4 of the same code, these benefits cannot be seized, except in the event of proven fraud or false declaration by the beneficiary. Thus, when a childminder is not paid and initiates legal proceedings, the sums allocated by the State for childcare cannot be used to settle the salary debt. This situation can place childminders in alarming precariousness. Even when the industrial tribunal rules in their favor, bailiffs find themselves unable to execute court decisions, leaving these professionals without recourse. In addition to not receiving their dues, they have to pay high legal costs and are often deprived of their end-of-contract documents necessary to qualify for unemployment benefits. Of with many childminders ending up giving up their job in the face of these unpaid debts, representative, union and associative organizations have ruled in favor of the creation of a national salary guarantee fund, but it seems that today no concrete measures have yet been taken to remedy this injustice. She therefore asks him what actions the Government is considering to respond to this problem.

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