No, au pairs and childminders who come into your home to mind children or family members have to be paid the Minimum wage under The Minimum Wage Act 2000. Families much comply with several pieces of legislation, including The Working Time Act 1997, The Payment of Wages Act 1991, PAYE Regulation 2019 and Section 2(4) of the Employment Permits Act 2003.  The Domestic Worker Code Of Practice & Citizens Advice provides more details.

Some families are still under the impression Au Pairs are not workers and souring au pairs through non-vetting agencies and social media.

The family in the case below was such a family and they have had to pay the price with a judgement of €9,100 against them.

ADJ-00029566

Other Examples of Cases

ADJ-00018831

Complainant compensation €5,931.32

Ref no: MWD127

Complainant compensation €4,800

Ref no: MWA/17/8

Complainant compensation €4,947.05 

ADJ-00013955

Complainant compensation €4000

ADJ-00013658

DEC-E2011-117

Complainant compensation €31,486

Can my home be inspected?

Several agencies including the Guards can be involved in inspections as set out in the Work Place Relation Commission 

• Au Pairs provide the convenience of living in, allowing the flexibility needed within reason to deal with the unexpected such as children’s sick days or school closures due to COVID 

• Equally, parents will want to participate in social time out as we return to a new routine. Finding a local live-out babysitter can be a nightmare and expensive when you pay their wages and taxi. It is easy to work with your au pair, so both parents and au pair get some recovery time from childcare

• Another significant advantage of having an au pair is real exposure to other cultures and languages for the parents and children. Equally, there are get advantages for the au pair to exposure to the English language, or indeed the Irish language, customs, and traditions

• Au Pairs are often like a bit sister/brother to the children in the family, providing them with much-needed attention, support, and help such as baking, sports, music lessons, and much more. They can also support the children in doing household tasks

• Au Pairs can help with household tasks, cooking, cleaning, shopping, etc.

• Au Pairs are an excellent solution for shift workers, particularly those working in health and social care

• Au Pairs can provide a sense of security for that parenting alone by having another person in the home

• Au Pairs add real value to a family at a relatively low cost of just €8.16 for an 18-year-old, 9.16 for a 19-year-old, and 10.20 for 20-year-old minus deductions for board and lodgings

• Au Pairs have some childcare experience, but with Cara International’s induction and training, au pairs can be a real asset for a family, providing months of stability

• Cara International takes the work out of recruiting, vetting, and HR compliance so your family can have a successful au pair experience

History of Au Pairs in Ireland

In-home care in Ireland has evolved from the practice of recruiting a local person known to the family to a highly legislated, complicated compliance agenda encompassing the global migration of au pairs and carers. Cara International was set up in 2000 when the year that the minimum wage was enacted. Cara International wrote to the government, who stated that Au Pairs were not workers. This was in line with the Council of Europe’s (1969, p.3) description of an au pair, which said that “persons placed ‘au pair‘ belong neither to the student category nor the worker category but to a special category with features of both”. The 1969 Convention recognised au pairing as providing an opportunity for linguistic and cultural skills development in the Member States. Cara International adopted this treaty in the absents of other legislation. The advancement in the internet helped Cara International to grow its business initially. However, this advancement also helps other online non-vetting Au Pair and minding sites and social media recruitment to grow. This has resulted in a watering down of vetting procedures, which is not safe for anyone, particularly the children.

Case law set under The Minimum Wage Act

The first highly publicised legal challenge to the Minimum Wage Act was in 2015, in which an Au Pair was awarded €9,000 under the Minimum Wage Act. This case law set a precedent meaning au pairs would be classified under the Minimum Wage Domestic Worker legislation.

Au Pair Bill

As chair of the Irish National Au Pair Association in 2015, Caroline Joyce worked with Finna Fail to introduce the Au Pair Placement Bill (2016), which was unfortunately defeated.

Low Paid Commission

Caroline also made representations on behalf of the association to the Low-Paid Commission regarding board and lodgings deductions (see here for more information). The L.P.C. (2017, p.16) reported little evidence of the formal usage of National Minimum Wage/board and lodgings in the D.W./au pair sector (p.6) being presented to them but determined that the allowances were never intended to represent the market value of the provision. Cara International believes persons employing people in a live incapacity in their home are underrepresented at these talks because of the undocumented nature of this type of employment. The Commission’s report recognised that there should be some form of compensation to employers for providing board and/or lodgings (L.P.C., 2017, p.16), but nothing has happened in this regard today.

Programme for Government Commitment

The Programme for Government (Department of the Taoiseach, 2020, p.80) recognises that Ireland’s recovery must work for families, valuing all parents’ work, ensuring that they are supported in their childcare choices, whether that be with childminders, in childcare settings, or the home. The first step will be to develop information for families and In-home minders such as Au Pairs and Nannies. The second step is to develop training for those Au Pairs and Nannies. Au Pairs and nannies have been included in the National Action Plan For Childminding (2021-2028). However, funding for families under the childcare scheme has not been included in this strategy which is disappointing. Such funding would help address the black economy in in-Home Care and encourage more compliance, which is good for everybody. 

Cara International suggests that Ireland has a legal obligation to adopt the following E.U. directive to protect Au Pairs.

DIRECTIVE (E.U.) 2016/801 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 May 2016 on entry and residence of third-country nationals for research, studies, training, voluntary service, pupil exchange schemes or educational projects, and au pairing. It states that the Member States may determine that the placement of au pairs shall only be carried out by an organisation mediating au pairs under the conditions defined in national law. Cara International suggests that people who want to have the choice of employing someone in their home lobby their local politicians here.

The reality is, if you are employing a person in the home, be it a nighttime babysitter, the girl next door, or a person from outside of Ireland, you have significant obligations as an employer under several pieces of legislation, and the Workplace Relations is still actively pursuing cases.

If you have any Questions

WhatsApp Caroline

on

00353899769436

or

Apply Here To Learn More.

Newspapers

Irish Newspapers

Cara International has been advocating for Au Pair rights for many years as can been seen in the following National Newspaper Articles

Irish Times

Irish Examiner

Irish Independent

EU History on Au Pairs

Ireland EU Au Pair Agreements

The role of Au Pairs has been recognised as unique by the EU since 1969 when the European Agreement on “au pair” Placement and Protocol was agreed which Considered that persons placed “au pair” belong neither to the student category nor to the worker category but to a special category which has features of both, and that therefore it is useful to make appropriate arrangements for them

Cara International is calling on the Government to ratify DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the conditions of  entry and residence  of third-country nationals for the purposes of research, studies, pupil exchange,  remunerated and  unremunerated training, voluntary service  and au pairing

MEPs welcome a plan for information sharing by national authorities on Au Pairs

Where is the Irish Government now on Au Pairs now?

In 2016, The Irish National Au Pair Association worked with Minister Anne Rabbitte to help enact an Au Pair Bill. This bill was defeated.

Au Pair Domestic Worker Legislation Ireland

On 28 August 2014, Ireland ratified the C189 – Domestic Workers Convention, 2011 (No. 189)

As a result of this ratification, families who employ anyone in their home are Employers with legal compliance with several pieces of Legislation.

Family & Children’s Childcare Choice

The 2021 Irish Programme for government page 80 states that

“We also want Ireland’s recovery to be one that works for families. We value the work of all parents and will ensure that they are supported in their childcare choices, whether that be with childminders, in childcare settings, or in the home”.

To date there has been no action taken by Government to support that choice in the home.

If you have any Questions

WhatsApp Caroline

on

00353899769436

or

Apply Here To Learn More.

International Labour Office (2016, p.54)  recommends a two-pronged approach to helping domestic workers and the families that employ them.

The first approach is detection, deterrence, and sanctions, while the second approach removes barriers through the simplification of processes to the formalisation of jobs. The report suggests strengthening the benefits and incentives of formal employment through income tax deductions or tax credits, VAT (Value Added Tax) reductions (for company service providers), wage subsidies, lower social security contributions, and exemptions. These measures would undoubtedly help in-home workers and their employers, as well as the agencies who are placing them.

GP Registration

It’s essential now, more than ever due to COVID 19 to register with a GP in Ireland. 

Medical Insurance

Remember to apply for your European Health Card before you arrive in Ireland. Please also check your medical insurance to see what it covers, especially around Covid 19 virus. Please find more information here

If you have any Questions

WhatsApp Caroline

on

00353899769436

or

Apply Here To Learn More.

Should families register Au Pairs with Revenue?

Cara International is frequently asked if domestic workers in family homes, including au pairs, must register with Revenue?

Answer

Revenue introduced PAYE Modernisation in January 2019, and this is a real-time PAYE reporting system. Employers should register and submit payroll for their employees, and there are fines for not doing so. So yes, and here is some more detail about your obligations of employing people. 

Do all in-home cares need to register with Revenue? 

Furthermore, it’s important to note that it is not just Au Pairs that need to register with Revenue, but any person who employs a childminder, nanny or carer in their home. Unfortunately, many families feel that if they get au pairs online or on Facebook, they do not have any obligations under minimum wage or Revenue. However, this is not true, and this practice also puts children at risk due to the lack of vetting. Cara International also offers a payroll solution for families, costing approximately €60 per month.

Should families register their Au Pairs/ Minder for PRSI?

Employers pay 8.8% Class A employer PRSI on weekly earnings up to €386.More information 

Cara International understands the challenges and supports families by providing a lobbying process so that you can lobby your local political representatives.

Lobbying for in-home Tax credits

There are extra costs in the additional compliance with the minimum wage, and Cara International is calling for lobbying for tax credits for in-home childcare.

Lobby for an in-home childcare tax credit

If you have any Questions

WhatsApp Caroline

on

00353899769436

or

Apply Here To Learn More.

What to do when your childcare provider is not available

For busy working parents, there is always the worry that their childcare arrangement will let them down. For example, if your child is sick, creches often cannot take them.  Too often, we hear of Child care settings closing down or going out on strike.  Having an Au Pair as an alternative or as an extra to an external childcare setting helps to provide that cushion for such times. We know that almost half of parents miss work because of childcare according to Irish Jobs.ie

Furthermore, Au Pairs can help with cooking and housework, freeing you up to have quality time with your children. Au Pairs can teach your children about their culture and language. 

If you have any Questions

WhatsApp Caroline

on

00353899769436

or

Apply Here To Learn More.

Calls for Support For Parents who Employ Au Pairs legally in the Home

Cara International has for a long time called for the Government to offer some support to parents who legally employ people in their homes. By legal, we mean on a contract of employment and where the Au Pairs PRSI is paid. The Government policy has been on out-of-home childcare, as described by David Quinn in the Irish Times in 2016.  The situation has not changed, and we are calling for this to be addressed in the next budget.

If you have any Questions

WhatsApp Caroline

on

00353899769436

or

Apply Here To Learn More.

Cara International has received much media coverage over the years, from their coverage Nationwide to a National RTE documentary called “When the Au Pair comes to Stay”. 

Caroline was chair of the Irish National Au Pair Association (INAPA) and was a regular contributor to local and national media. The Irish Times article by Sorcha Pollak and Vivienne Clarke calls for Government to work with agencies to provide legal incentives to families to employ au pairs. In a similar article by Sheila Wayman in 2017, again in the Irish Times, Caroline outlines some of the conflicting information coming from Government departments at this time on their understanding of what an Au Pair is. 

In 2016, Caroline Joyce spoke to Áilín Quinlan in the Irish Independent about the Dutch Au Pair programme and how a similar model could work well in Ireland. In 2017, in an Independent article by Jessie Collins, Caroline raised concerns about women being forced out of work because of the childcare crisis. 

Cara International will continue to advocate for parents and au pairs to have a safer, affordable Au Pair programme.

If you have any Questions

WhatsApp Caroline

on

00353899769436

or

Apply Here To Learn More.