Fiona O'Loughlin (Kildare South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

142. To ask the Minister for Jobs, Enterprise and Innovation his plans to regulate the au pair system and educate families on their rights and responsibilities on this matter; and if he will make a statement on the matter. [7392/16]

Martin Heydon (Kildare South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

145. To ask the Minister for Jobs, Enterprise and Innovation if he will consider a review of the position of au pairs in view of the recent Workplace Relations Commission decision which now creates a grey area for families who have been relying on them for child care and would like to see regulation introduced to bring this area in line with the position in other European Union countries; and if he will make a statement on the matter. [7612/16]

Gerald Nash (Louth, Labour)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 142 and 145 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.

The recent WRC decision does not constitute any change to existing employment law and any persons working under a contract of employment must continue to have the full protection of employment law.

All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. 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.

In relation to public awareness, the WRC maintains a high profile as the State body primarily responsible for information and compliance on employment rights in a number of ways. All employers, including those in private homes, carry the same obligations in relation to compliance with employment law. To ensure that awareness of these obligations is maintained, the WRC collaborates with key partners including civil society organisations, the trade union movement, employer organisations and other State bodies. WRC publications are widely distributed through the offices of community organisations, NGOs and Citizen Information Offices. The WRC also participates in conferences and events and makes presentations not only to employer and employee groups but also to community and educational groups.