Dáil Éireann Debate, Tuesday - 14 May 2013
307. Deputy Róisín Shortall asked the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to concerns regarding exploitation in the au pair industry arising from the lack of a regulatory framework (details supplied); his views on whether this puts both children and au pairs at risk and if he will consider the establishment of an interdepartmental working group to address the issues concerned. [22227/13]
Amharc ar fhreagraThe recent MRCI Report on au pairs, which is referenced by the Deputy, expresses concern that au pairs are being used as a cheap form of child care, and highlights the lack of regulation of the industry. Issues regarding childcare fall within the remit of my colleague Deputy Frances Fitzgerald, Minister for Children and Youth Affairs. Issues regarding employment rights fall within my remit. The term "au-pair" is not defined in Irish employment rights legislation. A genuine au pair placement falls outside the scope of the employer-employee relationship. I am aware that the National Employment Rights Authority (NERA) has encountered individuals described as "au pairs" who have been found to be domestic employees and as such are fully protected by the State's employment rights legislation. In these instances NERA investigates employers who are using the term "au pair" to avoid their statutory obligations under employment law. Where the employment status of an individual is in question, the provisions of the "Code of Practice Determining the Employment or Self-Employment Status of Individuals" are used in order to determine the employment status of the relationship. Ireland's body of employment rights legislation protects all employees legally employed on an employer-employee basis in Ireland. Therefore, once it is clear that a person is working under a contract of employment in another person's home, on a full-time or part-time basis, that person has the same protection under employment law as other employees. Where a person has concerns that employees may be exploited or are receiving less than their statutory entitlement, the matter may be reported to NERA for investigation. Cases for redress on matters relating to Employment Equality or Employment Rights legislation can be made on the workplace relations complaint form available from NERA or online at www.workplacerelations.ie.
