More and more business persons, managers, professionals etc. are finding it difficult to juggle domestic matters with their busy working life. As a result, there has been an ever growing number of domestic workers in Ireland with the Migrant Rights Centre Ireland reporting as many as 10,000 such workers in the country. What many would not be aware of is that such workers are fully protected by employment law. The employment rights of domestic workers is very much a hot topic at the moment as the Government has now ratified the International Labour Organisation (ILO) Convention on Decent Work for Domestic Workers (No. 189), 2011. This decision puts Ireland among the small group of ILO member countries who have ratified this Convention.
What is a Domestic Worker?
Any person engaged in domestic work within an employment relationship in or for a household or households. A person who performs domestic work only occasionally or sporadically and not on an occupational basis is not considered a domestic worker. Domestic work can include cleaning, cooking, laundry, child-minding, care for elderly or sick family members, gardening & maintenance, driving and any other duties relating to a household.
Why Has This Issue Arisen?
The Government has now ratified the International Labour Organisation (ILO) Convention on Decent Work for Domestic Workers (No. 189), 2011. This decision puts Ireland among the small group of ILO member countries who have ratified this Convention.
To date, only 14 ILO member countries out of 185 have ratified the Domestic Workers Convention and Ireland will be only the third EU country to ratify.
Doesn’t Our Legislation Cover Domestic Workers Already?
Yes Ireland’s existing suite of employment rights legislation is already fully compliant with the Convention. Legally employed domestic workers already enjoy the full protections of Ireland’s robust suite of employment rights legislation. This ratification will increase the focus on this area of employment however and strengthens the Government’s resolve to protect this category of worker.
To supplement this, in 2007 a voluntary Code of Practice for Persons Employed in Other People’s Homes was developed under the Industrial Relations Act 1990. The Code sets out certain employment rights and protections for persons employed in other people’s homes and encourages good practice and compliance with the law in such employment situations.
What Rights Does a Domestic Worker Have?
- To receive, a written statement of terms and conditions of employment or a written contract of employment
- To receive a written statement of pay (Payslip)
- To be paid at least the National Minimum Wage
- To avail of Annual Leave and Public holidays
- To work on average no more than a 48 hour working week
- To receive a premium for work performed on a Sunday
- To be given breaks/rest periods
- To receive minimum notice before dismissal
- To work in a safe and healthy working environment
- A right to privacy and to pursue personal leisure activities
- To be registered as an employee with Revenue and the Department of Social Protection
- Not to be discriminated against because of gender, family or civil marital status, age, disability, race, sexual orientation, religion or membership of the travelling community
- Not to have personal documents (such as passports, id, drivers licence, etc.) retained by employers
- Equal rights for part-time, fixed term and agency workers
- Special protections for young persons in employment
- Maternity entitlements
Is there a Minimum Wage for Domestic Workers?
The National Minimum Wage Act applies equally to domestic workers and such workers are also entitled to a Sunday Premium.
| Age/experience of employee |
NMW
|
| Under 18 |
€6.06
|
| 18 or over and in first year of employment |
€6.92
|
| 18 or over and in second year of employment |
€7.79
|
| Experienced adult worker |
€8.65
|
Can an Employer Deduct Money for Board and Lodging?
Yes an employer can deduct from Gross Pay on the following basis.
| Full board and lodging |
€54.13 per week or €7.73 per day.
|
| Full board only |
€32.14 per week or €4.60 per day.
|
| Lodgings only |
€21.85 per week or €3.14 per day
|
What Are The Rules Relating to Working Hours?
The maximum average working week for domestic workers cannot exceed 48 hours. This does not restrict any particular working week to 48 hours, however when averaged over 4 months the weekly hours worked must not exceed 48 hours. An employee is entitled to a break of 15 minutes after a 4½ hour work period and a break of 30 minutes if more than 6 hours are worked, which can include the first 15-minute break. These breaks do not have to be paid and are not part of working time.
What Records Must an Employer Keep?
- Employer’s registration number with the Revenue Commissioners
- Employees names, address and PPS numbers
- Dates of commencement / termination of employment
- Written terms of employment/contract• Records of annual leave and Public holidays taken
- Hours of work (including start and finish times)
- Payroll details and payslips
- A register of any employees under 18 years of age
- Details of any board and lodgings provided
- Employment permits or evidence of specific immigration permission permitting non-EEA nationals to work
Recent Case Law - A Domestic Worker -v- An Employer (DEC-E2011-117)
As outlined above, protection for domestic workers is not a new issue and has been in place for some time. For example, in the case of A Domestic Worker -v- An Employer (DEC-E2011-117), the Equality Tribunal awarded an Au Pair €46,000 for race discrimination. This case concerned an employee who alleged that she was made to work as a live-in house keeper rather than as a child-minder as originally agreed. The employee claimed that she was subject to verbal abuse and threatened with dismissal on several occasions. The employee claimed that she was never given a payslip and that as she was not given a payslip this contributed to the fact that there was potential for the businessman to exploit the worker’s situation.
The Equality officer who decided on the case found that the employment contract that was put in place was clearly not in compliance with Irish employment law. In deciding the officer stated “I am satisfied that an Irish employee would not have been placed in such a vulnerable position”. The fact that the worker was in a foreign country, without appropriate employment documentation and without an appropriate support network meant that she was in a very vulnerable position and the businessman in this case acted inappropriately given these facts. The worker also depended on the businessman for accommodation and when she was told to leave the job this basic right was taken away from her.
The deciding officer in the case confirmed “
I am satisfied that the respondent (businessman) dismissed the claimant in this manner without due process and without explanation because of her vulnerable situation” and that “an
Irish worker would not have been dismissed in this manner”.
The employee was awarded €46,000
If you have any questions about domestic workers then the Peninsula 24 Hour Advice Service is available for you around the clock 365 days a year on 01 8555050 to assist you with your queries.
