Tommy Broughan (Dublin Bay North, Independent)
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1179. To ask the Minister for Jobs, Enterprise and Innovation how she reached the rate of deduction of €54.13 for board and lodgings for au pairs; if she will adapt this rate depending on the location of the lodgings; why she decided to have a set rate across all areas of Ireland; and if she will make a statement on the matter. [9789/16]

Tommy Broughan (Dublin Bay North, Independent)
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1180. To ask the Minister for Jobs, Enterprise and Innovation when she will review the rate of deduction of €54.13 for board and lodgings for au pairs; and if she will make a statement on the matter. [9790/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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I propose to take Questions Nos. 1179 and 1180 together.

There is no 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 National Minimum Wage Act 2000 defines a contract of employment as 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.

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

Under the National Minimum Wage Act 2000, certain reckonable components may be taken into account to determine an employee’s average hourly rate.

In this context, if an employer provides an employee with full board and lodgings, or lodgings only or full board only, a monetary allowance can be included as reckonable pay. (The term ‘full board’ means an entitlement to meals during the day), as follows:

- €54.13 for board and lodgings per week, or €7.73 per day;

- €32.14 for board only per week, or €4.60 per day;

- €21.85 for lodgings only per week, or €3.14 per day.

The inclusion of this provision in the National Minimum Wage legislation was recommended by the Inter-Departmental Group on Implementation of a National Minimum Wage. It was the view of the Inter-Departmental Group that the monetary value of the allowances for the purpose of the National Minimum Wage would not be set at market value but rather would be similar to the amount provided for in Employment Regulation Orders.

The National Minimum Wage Act 2000 (National Minimum Hourly Rate of Pay) Order 2000 (SI No. 95/2000) provided for the amounts specified.

There are currently no plans to make changes to these provisions.