Dáil Éireann Debate, Tuesday - 24 May 2016
615. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation her plans to update employment laws to properly regulate the employment of au pairs in line with best international practice; and if she will make a statement on the matter. [11445/16]
View answer620. Deputy Kate O'Connell asked the Minister for Jobs, Enterprise and Innovation her progress on drafting legislation to best serve au pairs and host families who enter into this cultural exchange; to formalise the arrangement in law for the benefit of all involved; and if she will make a statement on the matter. [11748/16]
View answerI propose to take Questions Nos. 615 and 620 together.
There is no separate legal definition of the term “au pair” in Irish legislation, and individuals described as “au pairs”, “nannies” or “child-minders” are not exempted or treated as separate categories of workers under Irish employment law. 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 (written or verbal), on a full-time or part-time basis, that person has the same protection under employment law as other employees, including entitlement to the national minimum wage.
The recent WRC decision regarding an individual working as an Au Pair does not constitute any change to existing employment law and any persons working under a contract of employment must continue to have the full protection of employment law.
All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. Where the Workplace Relations Commission (WRC), which is responsible for securing compliance with employment legislation, receives a complaint involving somebody described as an au pair, the WRC will investigate with a view to establishing whether a person has statutory entitlements under employment law. Complaints involving au pairs are considered on a case-by-case basis, in the light of the facts of each case.
