Au pair gets €1,900 over breach of Minimum Wage Act

An au pair has been awarded €1,900 after taking a complaint against her host family for not paying her the miniumum wage.

In the ruling, the Workplace Relations Commission (WRC) ordered the family to pay the woman €1,700 for not paying her the minimum wage – which stood at €8.65 per hour during the time of her employment – and an additional €200 for breaching her terms of employment.

The commission noted in its report that it was the second time the au pair – who was represented by Migrant Rights Centre Ireland (MRCI) – had taken an action against a host family.

Earlier this year, the WRC awarded €9,229 to a Spanish au pair after finding that her host family had breached aspects of the Minimum Wage Act.

MRCI was unable to say on Friday whether both awards had been made to the same individual.

In the latest ruling, the WRC said the au pair worked for the family between February and June 2015 after they made contact with one other via an au pair website.

The au pair was paid €130 for a 35-hour week looking after two children. She was provided with accommodation in the family home.

On June 26th 2015, MRCI wrote to the family seeking €1,898 and pay for an additional 28 hours on behalf of the woman.

Rejected cheque

The family sent a cheque of €2,000 to the MRC to pass onto the au pair, but this was returned by the au pair. The amount she is now being awarded is €100 less than what she had received but returned 17 months ago.

WRC adjudication officer Rosaleen Glackin found that the au pair was an employee for the purposes of the Minimum Wage Act and was entitled to the minimum wage.

Ms Glackin calculated that the au pair was owed €3,232 and this took into account the value of €54 put on her weekly food and board.

Taking into account the €1,690 already paid to the au pair during her time with the family, the WRC ordered the family to pay the woman €1,900.

On Friday, Seán Kavanagh, head of one of the largest au pair agencies in Ireland SK Dublin, said the WRC position on au pairs “is making some families reluctant to take on au pairs”.

Mr Kavanagh said legislation was needed to allow cultural exchanges to continue but a temporary solution would be for the Government to immediately increase the allowance granted to families for board and food from €54 to a more realistic €160 per week.

“This would mean that an au pair doing 30 hours per week, with pocket-money of €120 would effectively be earning €9.33 per hour.”