Dáil Éireann Debate, Tuesday - 27 March 2018
577. Deputy Michael McGrath asked the Minister for Employment Affairs and Social Protection the position in relation to the rights, including terms and conditions, of au pairs working here; the obligations of the host family; and if she will make a statement on the matter. [13609/18]
Amharc ar fhreagraThere 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.
All employers, including those in private homes, carry the same obligations in relation to compliance with employment law.
My Department’s remit in this area is primarily concerned with ensuring that those people found to be employees can enforce their rights, as provided for under employment rights legislation. Scope section in the Department makes statutory decisions on employment status and insurability of employment under the Social Welfare Act. Employers, employees and the self-employed may apply to Scope for an investigation of an employment status and a determination of the correct class of PRSI.
The Workplace Relations Commission (WRC), which operates under the remit of the Department of Business, Enterprise and Innovation, is mandated to secure compliance with employment rights legislation. In 2007, WRC published a “Code of Practice for Protecting Persons employed in Other People’s Homes”, which provides a useful guide for employers and which can be accessed on their website. The WRC’s Customer Service Section provides information to both employers and employees in relation to employment, equality and industrial relations rights and obligations. The WRC’s Customer Service Section can be contacted at Lo-call: 1890 80 80 90 or 059-9178990. The website www.workplacerelations.ie also provides information on employment rights.
