I propose to take Questions Nos. 99 to 103, inclusive, together.
It is important to note that there is no legal definition of an au pair in Irish legislation. However Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title is given to them. Therefore, once it is clear that a person is working under a contract of employment, on a full-time or part-time basis, that person has the same protection under employment law as other employees. For example; the National Minimum Wage Act, 2000 requires any persons under a contract of employment to be paid the statutory National Minimum Wage. For the purposes of this Act, this means a contract of service or apprenticeship, or any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person.
Au pair is a cultural term used to describe a student or young adult who travels to a foreign country to live with a family, learn the local language and culture. The use of this term to define a relationship between a host family and an individual does not in itself mean that an employee/employer relationship does not exist; this will be decided based on employment law and the individual characteristics of the relationship. Non-EEA nationals who wish to take up a role as an au pair in Ireland require a visa from the Irish Naturalisation and Immigration Service (INIS), which comes within the remit of the Department of Justice and Equality. With regard to student visas issued by INIS, I would point out that non-EEA nationals attending designated full-time courses of study are normally allowed under the terms of the visa to take up casual employment of up to 20 hours part-time work per week during academic terms or up to 40 hours per week during normal college vacation periods.
Where the National Employment Rights Authority (NERA), which comes within the remit of my Department, receives a complaint involving somebody described as an au pair, NERA will investigate with a view to establishing the person’s statutory entitlements under employment law (including whether the term “au pair” is being used to avoid statutory obligations). NERA has encountered individuals, described by their employers as au pairs, who have been found to be domestic employees. In such cases NERA will seek to vindicate the rights of all workers in accordance with its mandate and powers under employment legislation.
As part of the ongoing NERA campaign on the rights of domestic workers, NERA will shortly be launching an information leaflet to raise awareness of the rights of domestic workers and of employers’ obligations in this area. As part of that process the issue of working hours and wages of domestic workers will be highlighted, as will avenues for redress where workers feel they are not getting their rights.
Given that Ireland’s body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, I have no plans to make changes to the existing body of employment rights legislation in this context. An opinion regarding the question as to whether a person is an employee or not is formed by NERA and/or the relevant employment rights dispute settlement body within the provisions of existing employment legislation and established contract law based on the facts of each case and not based on whether the term au pair is used or not.
Where a person has concerns that employees may be exploited or are receiving less than their statutory entitlement, the matter can be reported to NERA for investigation. Cases for redress on matters relating to employment rights legislation can be made on the workplace relations complaint form available from NERA or online at www.workplacerelations.ie . NERA has a dedicated information service, Workplace Relations Customer Service, which provides information on all aspects of employment rights. This service operates from 9.30 a.m. to 5 p.m. on weekdays and can be contacted on Lo-Call 1890 808090. Workplace Relations Customer Service also provides extensive information on employment rights on its website www.workplacerelations.ie.
I would urge the Deputy, if he is aware of any case where an employee is being exploited in this context, to report the specifics to NERA for investigation.
