Terence Flanagan
Question:104. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation the regulation for au pairs; his plans for new regulations; and if he will make a statement on the matter. [9652/15]
View answerThursday, 5 March 2015
Questions (104)
Written answers
There is no legal definition of the term “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 that any persons working 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.
Where the National Employment Rights Authority (NERA) 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. The question as to whether a person is an employee or not is generally established by reference to the provisions of existing employment legislation and established contract law, regardless of any title or designation given to the individual. Complaints involving "au pairs" are considered on a case-by-case basis, in the light of the facts of each case.
Any persons with questions or complaints regarding their rights under employment law should contact the Workplace Relations Customer Service on lo-call 1890 808090 or at www.workplacerelations.ie.