Safety and health regulations
In order to obtain the operating permit for classified establishments (class 3A) from the Inspectorate of Labour and Mines (ITM), the premises must meet the minimal requirements of safety and health to protect the staff, the children and the public.
Standard requirements to be met by SEA establishments are:
- general fire safety regulations:
- specific safety and health requirements:
The infrastructure must be chosen, built and equipped so as to protect children from disturbances such as:
- excessive noise;
- unpleasant odours or vibrations;
- harmful vapours;
- currents of air and other disturbances.
Each room must have sufficient ventilation and a high acoustic quality.
The infrastructures used for the services provided may not be used for any other purpose (e.g. any other commercial or private purpose) than the one stated in the accreditation.
Every SEA establishment must provide the following services and actvities:
- rest and relaxation;
- nutritionally balanced meals;
- entertainment and cultural initiation, music, craft, art, motor and sports activities;
- activities to promote the social, emotional, cognitive, linguistic and psychomotor development of children;
- activities to promote the child's integration into his social and local environment;
- a place that offers the schooled children an ideal and quiet environment so they can do their homework on their own, with a minimum of surveillance and assistance.
All services must be adapted to the age of each child.
Maximum reception capacity
The establishment's maximum reception capacity is calculated by dividing the total net floor area of the rooms available to children by the number of mandatory square meters per child, i.e.:
- for young children (less than 4 years old):
- 4 m2 per child in the day rooms (not including the sleeping rooms for children up to 2 years of age);
- maximum 12 children of less than 2 years of age;
- maximum 15 children between 2 and 4 years of age;
- maximum 12 children in the event of mixed age groups;
The floor surface of sleeping rooms (at least 2 m2 per child of less than 2 years of age) is not taken into account when calculating the maximum reception capacity.
- for schooled children: at least 3 m2 per child.
Sports halls and cultural centres are not included in these calculations but in case such premises are being used without changing their initial purpose, the maximum reception capacity for schooled children can be increased by 30 %.
SEA establishments must have an adjacent open air playground offering at least 5 m2 per child.
During meal times children will be grouped together in an eating room:
- the size of the room must offer at least 1 m2 per child:
- there must be no more than 60 children at the most at the same time.
The room must be divided into several areas with optical and acoustic room dividers (e.g.: openwork panels, plants, curtains, partitions, paintings, blackboards, etc.).
Sleeping / relaxation rooms
The rooms must offer:
- for young children of less than 2 years of age, at least one sleeping room on the same or next floor as the day room. The sleeping room must:
- offer at least 2 m2 per child;
- and be equipped with babyphones;
- for children between 2 and 12 years, the relaxation and sleeping rooms can form part of an interior design concept and be located in the main day room (the area accessible to children and specifically dedicated to resting, visually distinct from the rest of the room but located inside the room. E.g.: mezzanine, alcove, rest area, etc.).
The bathrooms must offer:
- at least one toilet and one sink with tap per every 10 children (i.e. 2 toilets and 2 sinks as from 11 children, 3 as from 21 children, etc.);
- for young children (less than 4 years of age), the bathroom must be on the same floor and be fitted with:
- for schooled children, the bathrooms must be close to the day room and have separate toilet cabins;
- one separate toilet cabin for adults.
The meals can be prepared on site or delivered by a caterer. In both cases, all installations must be compliant with sanitary and hygienic requirements and meet the food safety obligations defined by the Food Safety Department at the Ministry of Health.
The meals served must be adapted to the children's age and be based on a balanced diet with fresh products.
The service for young children must be fitted with a kitchen or a kitchenette on the same floor as the day room (especially taking into account the preparation and storage of feeding bottles or light meals).
Administrative offices and other rooms
The SEA establishment must have:
- a separate room for administrative work, pedagogical preparation and storage of the staff's personal belongings;
- a reserved space for the parents in the central area;
- a storage area for prams and pushcars if the SEA establishment is accommodating young children;
- a storage area for the personal belongings of children attending the establishment at least once a week.
The establishment can set up a central reception area which is to serve as both a reception and gathering place to develop community life.
Professional integrity of members of staff
The assessment of the professional integrity of the administrator and the staff is based on their judicial record.
All members of staff and the administrator must provide:
- an extract from the police records (Bulletin no. 2 and the special Bulletin "Protection des mineurs" - protection of minors) if they are Luxembourg nationals.
- an extract from the police records ("Classic" bulletin and bulletin showing the convictions for acts committed against minors or involving a minor) from their country or countries of origin if they are foreign nationals or nationals having dual citizenship.
Each member of staff subject to a charge or conviction for offenses committed against a minor or involving a minor is required to inform his employer thereof.
Duties of the management personnel
The management personnel 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.
For for-profit establishments, it is highly recommended to take the training course for access to the profession of trader (formation pour l’accès à la profession de commerçant) organised by the Luxembourg School for Commerce (LSC), as it teaches the basics about the daily management of a commercial company.
Qualifications of the management personnel
The management personnel (directors) must provide proof of qualification in the psychosocial, educational or socio-educational sectors by submitting:
- a higher education diploma registered 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;
- proof of professional experience of at least 3 years in the sector concerned.
If the maximum reception capacity exceeds or is equal to 40 children, the managing staff must at least have a bachelor degree in the psychosocial, educational or socio-educational sector.
Duties of supervisory staff
The supervisory staff is responsible for:
- 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.;
- and for the participation in vocational training classes at a rate of:
- 32 hours/2 years (with a minimum of 8 hours/year) for a person working 40 hours per week;
- 24 hours/2 years (with a minimum of 6 hours/year) for a 30 hour week;
- 16 hours/2 year (with a minimum of 4 hours/year) for a 20 hour week, etc.
The required qualifications in educational and care services 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 (half of the 40 %, at the most, can be worked by C qualified staff, the rest must be B qualified or higher);
- if they provide services for schooled children (foyer de jour / maisons relais):
- 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 a certificate of vocational training which is at least deemed equivalent to a recognised secondary or secondary technical school graduation diploma;
"B-qualified staff" must have:
C-qualified staff" must have:
- 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 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).
unskilled staff must have taken:
- 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 provided:
- they hold a brevet A d'aide animateur (assistant youth coordinator certificate);
- and that their activities are monitored by the supervisory staff.
The establishment's administrator must ensure that the 3 official languages in Luxembourg are spoken by the supervisory staff (Luxembourgish, French and German).
Each member of staff does not necessarily have to speak each of the 3 languages, but all 3 languages must be used in the establishment.
The certified minimum level of competency in each of the 3 languages must be:
The level of competency is deemed to be reached:
- if the language concerned is the worker's mother tongue;
- if the worker has been schooled in Luxembourg most of the time.
Staff to child ratio
The administrator must hire enough supervisory staff to meet the following ratios:
Maximum number of children per supervisory worker for each age category
Children less than 2 years old
Children from 2 to 4 years of age
Children more than 4 years old
Formula used to calculate the number of supervisory staff needed (NPE)
|NPE = x/6 + y/8 + z/11
x = number of children less than 2 years old
y = number of children from 2 to 4 years of age
z = number of children more than 4 years old
The NPE calculated is rounded up to the next whole number. The ratio must be complied with at all times during the day according to the number of children accommodated.
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 (diplôme d'aptitude professionnelle - DAP) or an equivalent qualification.
Whatever the number of meals served each day, the cook must provide proof of training in the field of cooking for children (training course to be offered by the Ministry of Health in 2014). In absence thereof, the cook must take the course within a year.