Dáil Éireann Debate, Wednesday - 22 May 2013
24. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation in view of the rise in au pair placement agencies and on line recruitment if he will consider legislating to ensure that au pairs receive the protections entitled to all workers. [24449/13]
Amharc ar fhreagra55. Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation in view of the recent findings of the Migrants Rights Centre Ireland into the recruitment and employment of au pairs, the steps he will take to regulate this industry and recognise that au pairs should not be outside of the employment protections. [24448/13]
Amharc ar fhreagraI propose to take Questions Nos. 24 and 55 together.
Genuine au pairs live as part of the host family. They receive free food and lodging and are normally expected to perform light household duties – normally childcare - for a limited number of hours per week, while having appropriate opportunities to learn about the language and culture of the host country. They should receive an allowance, in the same way as a permanent member of the family may receive an allowance. Accordingly, a genuine au pair placement falls outside the scope of the employer-employee relationship.
Au pair applications in respect of non-EEA nationals are processed by the Department of Justice and Equality, which issues the necessary residency permits. The Department of Children and Youth Affairs has responsibility for childcare matters generally. My Department does not issue employment permits for domestic workers; they are currently an ineligible category.
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.
Guidance and information for both workers and employers as to the employment of persons in domestic situations is contained in the “Code of Practice for Protecting Persons Employed in Other People’s Homes” which was developed in 2007 by the Labour Relations Commission in consultation with the social partners.
Ireland’s body of employment rights legislation protects all employees 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 law (including the right to the National Minimum Wage) as all other employees.
Where people have 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. Further information on employment rights is available by phone from 1890 80 80 90 or online from www.workplacerelations.ie.
