Au pair placements have proven to be rewarding, symbiotic experiences in the past, but a recent case has threatened to completely change the way the system works here in the Republic of Ireland.
You might remember, back in March, reports of an au pair bringing a legal case against her host family, seeking payment of a salary. In this case, the judge deemed the au pair to be an employee and, as such, entitled to a wage.
With the au pair awarded €10,000 in compensation, the case unlocked the floodgates and has left an estimated 20,000 host families open to similar legal action.
Naturally, there is concern over the ramifications of this case on the future of the au pair placement system.
As expert Corinna Duke explains: “Internationally, an au pair placement is considered to be a cultural exchange programme between a young foreign person and their host family… In exchange for living as part of the family and helping with integration into society, cultural learning, room, board and pocket money; the au pair helps the family with some childcare. The court case in March has thrown this au pair programme into disarray.”
In the aftermath, Galway East TD Anne Rabitte came out with a strong stance on how to keep the au pair placement programme fair, and to safeguard both au pairs and families: she proposed legislation that would govern the au pair programme in Ireland.
Under this legislation, the au pair placement would be defined in Irish law as a cultural educational programme and not an employment.
With the legislation due to be proposed in the Dáil within the next fortnight, the Au Pair Agencies Council of Ireland (APAC) and the Irish National Au Pair Association (INAPA), the longest established and largest representative of Au Pair agencies in Ireland, are urging families to get in touch with their TDS, to request them to vote in favour.
"Families are not only in Breach of the Minimum Wage Act 2000 but can also be in breach of Employment Permit Act 2006 if employing someone who has no legal right to work here. Violations for hiring an illegal worker carries fines of €3000 or imprisonment or both. Many families are not even aware of this," said Julie Kelly co-founder of the INAPA.
You are asked to email your local TD (find out their name through this link) and request them to vote in favour of Anne Rabbitte TD’s proposal using this template:
"Dear …..,
My name is ……. I am writing to you regarding a bill that is due to be proposed to the dail by Fianna Fail TD, Anne Rabbitte. I would urge you, on behalf of Irish families, to vote to enact this bill into being. This bill will not only ensure and safeguard the au pair programme in Ireland but it will also ensure fair treatment for host families and au pairs into the future. For the sake of approximately 20,000 Irish host families I sincerely request that you vote for this bill.
Yours sincerely,
X"
We will keep you updated on the progress of the proposal.
