Joe Higgins (Dublin West, Socialist Party)
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306. To ask the Minister for Jobs, Enterprise and Innovation the measures in place to ensure that parliamentary staff in the Houses of the Oireachtas enjoy the same protections from employment law as well as due process to prevent summary dismissal from Deputies. [22224/13]

Richard Bruton (Dublin North Central, Fine Gael)
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The Unfair Dismissals Acts 1977 to 2007 apply to all employees, subject to the exceptions set out in section 2 of the 1977 Act (as amended). Therefore, parliamentary staff in the Houses of the Oireachtas who meet the criteria of the Unfair Dismissals Acts are covered by the protections of the Acts. The Acts protect employees from being unfairly dismissed by laying down criteria by which the fairness or otherwise of dismissals are judged. The Acts also provide an adjudication system and then redress for an employee whose dismissal has been found to be unfair. To qualify to take a case under the Unfair Dismissals Acts, an employee is normally expected to have at least one year's continuous service with the employer, with some exceptions. Also, the Acts do not generally apply to the non-renewal of a a Fixed-Term contract which has reached the expiry date in the contract or do not apply to the non-renewal of a Specified-Purpose contract which has been completed in line with the contract, provided that this exclusion from the Acts is expressly stated in a written contract of employment. A claim for redress under the Acts may be submitted initially to either of the adjudicative bodies specified in the Acts i.e. a Rights Commissioner or the Employment Appeals Tribunal within six months of the date of dismissal (this can be extended to 12 months in exceptional circumstances). An application to either a Rights Commissioner or the Employment Appeals Tribunal may be made using the Single Complaint Form which is available at website and the completed form may be forwarded to the Workplace Relations Customer Services, Department of Jobs, Enterprise and Innovation, O'Brien Road, Carlow.

Róisín Shortall (Dublin North West, Independent)
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307. To ask the Minister for Jobs, Enterprise and Innovation if his attention has been drawn to concerns regarding exploitation in the au pair industry arising from the lack of a regulatory framework (details supplied); his views on whether this puts both children and au pairs at risk and if he will consider the establishment of an interdepartmental working group to address the issues concerned. [22227/13]

Richard Bruton (Dublin North Central, Fine Gael)
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The recent MRCI Report on au pairs, which is referenced by the Deputy, expresses concern that au pairs are being used as a cheap form of child care, and highlights the lack of regulation of the industry. Issues regarding childcare fall within the remit of my colleague Deputy Frances Fitzgerald, Minister for Children and Youth Affairs. Issues regarding employment rights fall within my remit. The term "au-pair" is not defined in Irish employment rights legislation. A genuine au pair placement falls outside the scope of the employer-employee relationship. 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. Ireland's body of employment rights legislation protects all employees legally 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 employment law as other employees. Where a person has 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 .