Dáil debates

Wednesday, 15 July 2015

10:40 am

Photo of John BrowneJohn Browne (Wexford, Fianna Fail)
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10. To ask the Minister for Jobs, Enterprise and Innovation to outline his plans to regulate the au pair industry in view of the recent publicity regarding poor wages and bad working conditions; and if he will make a statement on the matter. [28414/15]

Photo of John BrowneJohn Browne (Wexford, Fianna Fail)
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My question relates to the possibility of the Minister regulating the au pair industry. Recently I had a visit from some au pairsin the south east. They relayed to me some horror stories of exploitation, poor working conditions and abusive treatment. One lady pointed out that she was working 60 hours per week for a €120, which is €2 per hour. This is a breach of all Irish employment laws. What changes will the Minister bring about to regulate this industry?

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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There is no legal definition of the term "au pair" in Irish legislation, and individuals described as au pairs, nannies or childminders 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 on a full-time or part-time basis that person has the same protection under employment law as other employees. For example, the National Minimum Wage Act 2000 requires that any persons working under a contract of employment be paid the statutory national minimum wage. For the purposes of this Act, this means a contract of service or apprenticeship or any other contract whereby an individual agrees with another person to do or perform personally any work or service for that person.

Where the National Employment Rights Authority receives a complaint involving someone described as an au pair, it will investigate with a view to establishing whether a person has statutory entitlements under employment law. The question of whether a person is an employee is generally established by reference to the provisions of existing employment legislation and established contract law, regardless of any title or designation given to the individual. Complaints involving au pairsare considered on a case-by-case basis in the light of the facts of each case.

In addition to NERA's programme of inspections involving domestic workers, which has been ongoing since 2011, last year the authority launched an information booklet on the employment rights of domestic workers to coincide with Ireland's ratification of the International Labour Organisaiton Domestic Workers Convention, C189. It is available in a number of languages.

Photo of John BrowneJohn Browne (Wexford, Fianna Fail)
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I thank the Minister for his reply. Has the Minister had any contact with the Migrant Rights Centre Ireland, which recently published a report on this area? The report stated that 49% of au pairsearn between €100 and €119 per week with 26% working between 40 to 60 hours per week. There is serious exploitation in this area. The people who visited me suggested they are more or less abandoned once they leave their employer. Will the Minister consider setting up a registration centre in his Department to enable people to register, have someone to talk to and get an explanation for why they are being treated so badly and why employers are not adhering to employment laws, as laid down by this country?

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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My officials have met representatives from Migrant Rights Centre Ireland. Furthermore, NERA is keen to engage with people in any way. It has a lo-call number, 1890 808 090, and a website. It has provided a usable guide to entitlements. It seeks to engage with people in those conditions, advise them of their rights and investigate any case of breaches. If the Deputy has any particular examples they can certainly be brought to the attention of NERA. My Department will continue to work with the bodies representing such workers to ensure that they are treated fairly.

Written Answers follow Adjournment.