Dáil Éireann Debate, Tuesday - 17 June 2014
306. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation if different wage rates apply where a care assistant employed via an agency sleeps over in the client's home as opposed to their normal work during the day in the same home; and if he will make a statement on the matter. [25663/14]
View answerThe National Minimum Wage (€8.65 per hour for an experienced adult worker) applies to all hours of work, including those where a care assistant is required to sleep over.
The term "working hours" is defined in the National Minimum Wage Act, 2000 as follows;
'total hours during which the employee carries out or performs the activities of his or her work at the employee's place of employment or is required by his or her employer to be available for work there and is paid as if the employee is carrying out or performing the activities of his or her work'
Accordingly, the working hours of employees are the entire period for which they are required to be present in the place of employment and such employees are entitled to be remunerated for those hours at the National Minimum Wage rate applicable.
A carer, who comes within the terms of the Temporary Agency Work Act 2012, is subject to the provisions of that Act, entitled to equal treatment, in terms of basic working and employment conditions, including wages, as an employee recruited directly by the hirer to do the same or similar job.
