Dáil Éireann Debate, Wednesday - 6 April 2016
227. Deputy Thomas Byrne asked the Minister for Jobs, Enterprise and Innovation the deduction from pay that can be made from the wages of an au pair who receives accommodation and full board as part of the employment; and if he will make a statement on the matter. [5713/16]
Amharc ar fhreagra228. Deputy Thomas Byrne asked the Minister for Jobs, Enterprise and Innovation his plans to regulate the employment of au pairs; if normal employment legislation applies to au pairs; and if he will make a statement on the matter. [5714/16]
Amharc ar fhreagraI propose to take Questions Nos. 227 and 228 together.
There is no 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.
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.
The national minimum wage (NMW) legislation provides for the maximum monetary deduction which can be made from the statutory minimum pay of an employee if the employee is provided with board and/or lodgings. Statutory Instrument No. 95 of 2000 provides that an employee for whom board and lodging are provided may have the following amounts deducted from their minimum wage calculation: - €54.13 for full board and lodgings per week, or €7.73 per day
- €32.14 for full board only per week, or €4.60 per day
- €21.85 for lodgings only per week, or €3.14 per day
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.
