In Ireland, the au pair system has become a popular solution for families seeking affordable childcare. However, this arrangement often leads to the exploitation of au pairs, particularly those from Brazil. Lured by the promise of cultural exchange and language immersion, many Brazilian au pairs find themselves in precarious situations, facing long working hours, inadequate pay, and lack of legal protections.
The Role of Brazilian Au Pairs in Ireland
Brazilian nationals constitute a significant portion of the au pair workforce in Ireland. A survey indicated that 48% of au pairs in the country are Brazilian, highlighting their substantial presence in this sector.
Are Au Pairs treated as standard workers in Ireland?
Under Irish employment law, an au pair enjoys the same protection as a domestic worker, although they’re often not treated as such. All au pairs should be paid the minimum wage at a minimum, which varies according to the age of the employee. A summary of what they should be receiving is below:
Wages
Since 1 January 2024, the national minimum wage is €12.70 per hour for workers over 20 years old. This is rising to €13.50 per hour from January 1st 2025. These minimums are applicable to au pairs, although with an agreed contract there can be accommodation and meal costs deducted from wages. See below for more.
Working Hours and Breaks
An average of 48 hours per week over a 4-month period. Any individual week can exceed 48 hours, but the average across the 4-month period must not.
For work done on Sundays, domestic workers must either:
- Receive a higher hourly rate.
- Be paid an additional Sunday allowance.
- Earn time off in lieu.
Breaks: Au pairs are entitled to:
- A 15-minute break after 4.5 hours of work.
- A 30-minute break after 6 hours of work.
- These breaks are unpaid and not counted as working time.
Wages after accommodation and meal charges
It’s very common practice that employers/families in Ireland exploit au pairs by claiming to be providing them with accommodation that accounts for part, and in many cases, most of their wages. Claiming for accommodation is possible, however, the Irish government allows employers to deduct only the following amounts from an employee’s wages for board and lodging:
- Meals: €1.14 per hour worked (this is only per hour worked)
- Accommodation: €30 per week or €4.28 per day.
For a 40-hour workweek, the total allowable deduction for board and lodging is €75.60 per week (€45.60 for meals and the maximum of €30 for lodging/accommodation). Considering the minimum wage is €12.70 this would mean an au pair should be earning €508 for a 40 hour week, minus the maximum €75.60 for meals and accommodation. This is before tax.
Exploitation and Legal Challenges
Despite their contributions, many Brazilian au pairs encounter exploitation. Reports have surfaced of au pairs being underpaid, overworked, and subjected to unfair treatment. In some cases, au pairs have been paid only a fraction of the minimum wage, working extensive hours without proper compensation.
The lack of clear legal status for au pairs in Ireland exacerbates their vulnerability. Without specific regulations governing their employment, au pairs often fall into a grey area, making it difficult for them to assert their rights or seek legal recourse. This ambiguity allows some host families to exploit au pairs without facing significant consequences.
Personal Accounts of Exploitation
Numerous Brazilian au pairs have shared their experiences of mistreatment. For instance, a Brazilian woman recounted her distressing ordeal of being detained and threatened with deportation upon arriving in Ireland to visit her former host family. She described the experience as devastating, highlighting the precarious situation many au pairs face.
In another case, a Dublin couple was ordered to pay €5,000 to their Brazilian au pair after the Labour Court found that they had made an unlawful demand for money when she decided to leave her position.
Advocacy and Calls for Reform
Organizations like the Migrant Rights Centre Ireland (MRCI) have been at the forefront of advocating for au pair rights. They emphasize that au pairs are workers entitled to the same protections as other employees. MRCI has highlighted cases where au pairs were awarded compensation for breaches of employment laws, underscoring the need for regulatory clarity and enforcement.
Furthermore, there have been public outcries and petitions demanding apologies and better treatment for au pairs who have faced unjust actions, reflecting a growing awareness and demand for change in how au pairs are treated in Ireland.
While the au pair system offers potential benefits for cultural exchange and childcare solutions, the exploitation of Brazilian au pairs in Ireland reveals significant flaws that need addressing. Clear legal definitions, robust protections, and increased awareness are essential steps toward ensuring that au pairs are treated with the respect and fairness they deserve.
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