Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Following the coming into effect of the Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 on 1st September last, responsibility for employment rights policy and legislation transferred to my colleague, the Minister for Employment Affairs and Social Protection.

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 mandated to secure 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 WRC’s Customer Service Section provides information to both employers and employees in relation to employment rights and obligations.  The WRC’s Customer Service Section can be contacted at Lo-call: 1890 80 80 90 or 059 9178990.  The website www.workplacerelations.iealso provides information on employment rights.