Dáil Éireann Debate, Thursday - 14 April 2016
153. Deputy Regina Doherty asked the Minister for Jobs, Enterprise and Innovation his plans to recognise the au pair programme officially; and if he plans to recognise au pairs as a separate category of worker under employment law. [6374/16]
Amharc ar fhreagra156. Deputy Michael McGrath asked the Minister for Jobs, Enterprise and Innovation if the full suite of employment legislation, including minimum wage legislation, applies to au pair arrangements; the duties and responsibilities of families that hire au pairs in terms of employment law; his plans to provide a formal basis for au pair arrangements; and if he will make a statement on the matter. [6502/16]
Amharc ar fhreagraI propose to take Questions Nos. 153 and 156 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.
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.
