The staff of an education and care service must fulfil several professional conditions to operate such an establishment.
Managers, supervisors and cooks must also perform certain mandatory tasks.
The managerial staff (directors) must provide proof of qualification in the psychosocial, educational or socio-educational sectors by submitting:
- a higher education diploma recorded in the register of certificates; or
- at least a certificate of vocational training which is recognised as a secondary or secondary technical school graduation diploma;
- as well as a professional experience of at least 3 years full-time in the aforementioned fields.
If the maximum reception capacity exceeds or is equal to 40 children, the managerial staff must at least have a bachelor degree in the psychosocial, educational or socio-educational sector.
The managerial staff must spend at least 20 hours per week with the following tasks:
- organisational planning;
- development of educational concepts;
- management and guidance of the other members of staff;
- monitoring of the services provided;
- development of the child's social network.
Supervisory staff must be at least 18 years of age.
The supervisory staff is responsible for the following tasks:
- direct educational care of children;
- the preparation of activities, participation in staff meetings and consultation meetings with teachers, communication with the children's parents, at a rate of:
- 103 hours/year for a person working 40 hours per week;
- 77.25 hours/year for a 30 hour week;
- 51.5 hours/year for a 20 hour week, etc.
The required qualifications of the supervisory staff in education and care establishments depend on the type of services provided.
The members of staff must be qualified as follows:
- if they provide care and services to very young children (crèches):
- 60 % of the time spent on childcare in the establishment must be provided by staff with an A qualification;
- 40 % of the time at most can be provided by staff with a B or C qualification (50 % of that staff at the most must be C qualified staff and staff currently in training for an A qualification);
- if they provide care and services to schoolchildren:
- 50 % of the time spent on childcare must be provided by staff with an A qualification;
- 30 % of the time, at the most, can be worked by B- and C-qualified staff;
- 20 % of the time, at the most, can be worked by unskilled staff.
"A-qualified staff" in the psychosocial, educational or socio-educational sector must have:
- a higher education diploma recorded in the register of certificates;
- or at least a certificate of vocational training which is recognised as a secondary or secondary technical school graduation diploma;
"B-qualified staff" must provide:
- either an authorisation to carry out a health profession in Luxembourg;
- or a recognised professional qualification or a higher education diploma recorded in the register of cerficates in the field of music, arts or motor skills.
"C-qualified staff" must provide:
- either a recognised vocational skills certificate (CATP) in the psychosocial, educational or socio-educational sector;
- or a recognised vocational skills certificate or a vocational aptitude diploma (DAP) including at least 100 hours of vocational training in the socio-educational sector (recognised by the Ministry of Education, Children and Youth);
- or a training certificate in social and family services (aide socio-familiale - ASF);
- or a successfully completed and recognised study cycle of at least 5 years of higher education in basic education and proof of at least 100 hours of vocational training in the socio-educational sector (recognised by the Ministry of Education, Children and Youth).
"Non-qualified" staff must provide proof of at least 100 hours of vocational training in the socio-educational sector (recognised by the Ministry of Education, Children and Youth).
As far as holiday activities are concerned, a maison relais can employ pupils or students on condition that:
- they hold a brevet A d'aide animateur (assistant youth coordinator certificate);
- and that their activities are monitored by the supervisory staff.
If the cook who is preparing lunch (whether he is employed by the establishment or an external service provider) serves more than 60 meals per day, he must have a vocational aptitude diploma for cooks (diplôme d'aptitude professionnelle - DAP) or an equivalent qualification.
Regardless of the number of meals, the cook must certify that he has been trained in cooking for children. In absence thereof, the cook must take the course within a year.
Administrators of SEA eastablishments must keep an updated file on each representative of the legal entity including a recent extract from the criminal record (record No. 3 "Protection of minors" and/or foreign criminal records).
The business administrator must keep an updated personnel file on each of the members of staff including:
- the employment contract or a copy of the decision regarding the person's appointment;
- documents attesting their professional qualification and vocational training;
- a medical certificate;
- and a recent extract from the criminal record (record No. 3, record No. 5 and/or foreign criminal record).
The employer is not allowed to keep the extracts from the criminal record for his employees and representatives of the legal entity for more than 24 months. He is therefore required to regularly request an updated extract.
Documents concerning the children
The administrator must:
- keep a daily record of attendance for each child accommodated;
- keep a list with the identity and telephone numbers for the parents or the legal representative of each child;
- make sure that the children do not leave the premises:
- without authorisation from the parents/legal representative; or
- unless they are accompanied by a person authorised by the parents/legal representative.
Checks on conditions of approval
As long as the childcare facility is operating, public authorities will undertake regular inspections on the premises in order to check:
- the infrastructure;
- the qualifications of the staff;
- the required ratio between educational/supervisory staff and number of children accommodated.
- compliance with standards of safety, health and hygiene.