Liability in Childcare: What to Do?

Questioner

I do childcare at a gym. There is no contract drawn up and it was verbally agreed that I can use the sports facilities there for free. Now my question is if something happens to one of the children during the childcare, who is liable for this?

Lawyer

I assume that you do not have an employment contract with the gym and that you work on the basis of a verbally agreed assignment agreement. Apparently, in return for your services, you receive a payment in kind consisting of the free use of the gym facilities. In that case, you are liable if something happens to a child. Your regular liability insurance will most likely not provide cover and you would be wise to take out professional liability insurance. Get good information from an insurance broker!

Lawyer

Despite the fact that you do not receive any wages in cash, I believe that there is still an employment contract within the meaning of Article 7:610 of the Dutch Civil Code. You have committed to perform work for the gym (the employer) The gym rewards you with an amount (in this case the possibility to exercise 'unlimited') that is (significantly) higher than just an expense allowance The work is done “in the service” of the gym (there is a relationship of authority) In this case, the employer is responsible and liable for the safety of you and the children you care for.

Lawyer

Day I agree with the first answer that there is a contract of assignment and not a relationship of authority. I think it would be wise to put someone else on paper and fill out a VAR declaration, as I assume the gym does not have to wait for additional assessments of social security contributions, etc.? Then your real question: liability for damage resulting from an accident, for example, can never be completely ruled out and is very expensive to insure. You can demand that the children are insured for the damage they cause, but there is a problem if you personally cause damage to a child. For that reason, you must discuss this aspect thoroughly. It depends on so many factors who can be held liable (sometimes simultaneously the client and the contractor and the building owner)