Michael Lowry (Tipperary, Independent)
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551. To ask the Minister for Jobs, Enterprise and Innovation the current status of au pairs here; their responsibilities associated with this work; the full suite of employment legislation including minimum wage legislation that applies; the duties and responsibilities of families who hire au pairs; her plans for future development and protection; and if she will make a statement on the matter. [16797/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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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.

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.

The recent WRC decision regarding an individual working as an Au Pair 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. I have no plans to review the status of au pairs with a view to deeming persons determined to be employees to be outside the scope of 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.