The Impact of the WRC ruling on Au Pairs are employees

The Workplace Relations Commission (WRC) has made an award of €9,229 to a Spanish women on the grounds that the family weren’t compliant with aspects of the Minimum Wage Act, the Organisation of Working Time Act and the Terms of Employment (Information) Act. So what does this mean for those employing Au pairs going forward?  The implication of this ruling is that those employing Au Pairs now have the same obligations of any other employer and will be given no alternative but to ensure they are compliant with all aspects of employment legislation. Under the minimum wage act those employing Au Pairs will have to ensure that they are paying at least €9.15 an hour. Also, in line with the minimum wage act the most that can be deducted from an Au Pair’s wage for full board and lodgings is €54.13 a week or €7.73 per day. The WRC ruling also made reference to the Organisation of Working Time Act (OWTA). Under the OWTA this means that Au Pairs are entitled to annual leave, public holiday entitlements and Sunday premium in the event they are expected to work on a Sunday. Most significantly and potentially the most detrimental aspect of this ruling, given the nature of work in which they engage, Au Pairs will also now be entitled to rest breaks in line with the OWTA. Under the organisation of working time act an employee is entitled to a rest period of not less than 11 consecutive hours in each period of 24 hours during which they work for their employer. More significantly, the OWTA states that an employer shall not require an employee to work for a period of more than 4 hours and 30 minutes without allowing a break of at least 15 minutes. Furthermore it states an employer shall not require an employee to work for a period of more than 6 hours without allowing them a break of at least 30 minutes – the 15 minute break may be included. Given the nature of the work of Au Pair’s this may pose the most challenging aspect of act to implement. Under the Terms of Employment Act the ruling also suggests that employers should be providing Au Pair’s with written contracts, as per the act a contract should be issued to the employee no later than 8 weeks of commencing employment. The contract should include:

• Full Name & Address of the Employer
• Place of Work
• Job Title
• Expiry Date
• Remuneration
• Pay intervals
• Hours of Work
• Paid Leave
• Sickness Details
• Pension Details
• Notice Periods
• Disciplinary & Grievance Procedures
• Rest Periods

Along with the outlined above Au pairs will also need to be issued payslips, have PRSI paid for them and be issued with pay cheques. Although all this may sound very daunting, it is important to note that contracts of employment work both ways. Most significantly they include notice periods. This may counter to the long-established au pair tradition of leaving the host family high and dry with little or no notice when something better comes along. If you have any queries in respect of the above article then please contact our 24 Hour Advice Service on 01 855 50 50.