Skip to main content
Normal View

Employment Rights Issues

Dáil Éireann Debate, Thursday - 9 May 2013

Thursday, 9 May 2013

Questions (105, 106, 107)

Peadar Tóibín

Question:

105. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the protections that are in place to ensure that au pairs are not exploited in work; and if he will identify the relevant sections of legislation that excludes au pairs from such protections. [21927/13]

View answer

Peadar Tóibín

Question:

106. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation if au pairs recruited and placed by an agency are covered by the provisions of the Protection of Employees (Temporary Agency Workers) Act; and if not if he will identify the relevant sections of legislation that excludes such workers. [21928/13]

View answer

Peadar Tóibín

Question:

107. Deputy Peadar Tóibín asked the Minister for Jobs, Enterprise and Innovation the number of au pairs currently working here; and the steps taken to regulate this employment. [21929/13]

View answer

Written answers

I propose to take Questions Nos. 105 to 107, inclusive, together.

The term "au-pair" is not defined in Irish employment rights legislation. A genuine au pair placement falls outside the scope of the employer-employee relationship and, therefore, I do not have any statistics on au pairs.

Accordingly, agencies offering genuine au pair placements fall outside the scope of the Protection of Employees (Temporary Agency Work) Act, 2012.

I am aware that NERA has encountered individuals described as "au pairs" who have been found to be domestic employees and as such are fully protected by the State’s employment rights legislation. In these instances NERA investigates employers who are using the term ‘au pair’ to avoid their statutory obligations under employment law. Where the employment status of an individual is in question, the provisions of the "Code of Practice Determining the Employment or Self-Employment Status of Individuals" are used in order to determine the employment status of the relationship.

Ireland's body of employment rights legislation protects all employees employed on an employer-employee basis in Ireland. Therefore, once it is clear that a person is working under a contract of employment in another person’s home, on a full-time or part-time basis, that person has the same protection under law (including the right to the National Minimum Wage) as all other employees.

Guidance and information for both workers and employers as to the employment of persons in domestic situations is contained in the "Code of Practice for Protecting Persons Employed in Other People's Homes" which was developed in 2007 by Labour Relations Commission in consultation with social partners. Further information on employment rights is available by phone from 1890 80 80 90 or online from www.workplacerelations.ie.

Where people have concerns that employees may be exploited or are receiving less than their statutory entitlement, the matter may be reported to NERA for investigation. Cases for redress on matters relating to Employment Equality or Employment Rights legislation can be made on the workplace relations complaint form available from NERA or online at www.workplacerelations.ie.

Top
Share