Paul Murphy
Question:29. Deputy Paul Murphy asked the Minister for Jobs, Enterprise and Innovation his views on au pairs and domestic workers being paid the minimum wage; and if he will make a statement on the matter. [12086/15]
View answerThursday, 26 March 2015
Questions (29)
Written answers
Ireland's strong commitment to protecting the rights of domestic workers was highlighted last July when we ratified the International Labour Organisation's (ILO) Convention No. 189 on Domestic Workers. Ireland is among the small group of seventeen ILO member countries that have ratified this Convention to date. To mark the occasion of Ireland's ratification of the Convention and to help promote greater awareness of domestic workers' rights, Minister Bruton welcomed members of the Migrant Rights Centre of Ireland's Domestic Workers Action Group, along with IBEC and ICTU, to the Department on 9 July 2014 for the launch of a NERA Information Leaflet on the employment rights of domestic workers in Ireland. Ireland's strong track record in the area of protecting people involved in domestic work is evidenced by the fact that we were in a position to ratify the Domestic Workers Convention without having to amend our existing suite of employment rights legislation.
The National Employment Rights Authority (NERA) has undertaken a programme of inspections involving domestic workers, and continues to respond to any complaints received from domestic workers. In addition, the Labour Relations Commission, in conjunction with the social partners, produced a Code of Practice for Protecting Persons Employed in Other People's Homes which recognises the unique circumstances that occur in the domestic work employment relationship.
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.