Sir, – If John McManus's children were au pairs, would he have a different opinion? ("Employment contracts for au pairs would cut both ways", Opinion & Analysis, March 9th). – Yours, etc,
PAUL DORAN,
Clondalkin,
Dublin 22.
Sir, – The Workplace Relations Commission’s finding in favour of an au pair who had not been paid minimum wage for her work should be given a cautious welcome.
Au pairing is an explicitly informal arrangement in which a young person lives temporarily with a family and acts in a “big sister” role, providing some childcare in return for room, board and pocket money. The young person is typically looking for the experience of living in a foreign country or learning a new language, and staying with a family provides a safe and stable way to do this.
Looking after young children is no easy task, and people who try to exploit a vulnerable young person by providing substandard accommodation or piling unbearable responsibilities upon them should be ashamed.
Nevertheless there are obvious problems in enforcing employment and tax laws too strictly in this area.
In the eyes of the law, an arrangement with an au pair is no different to an arrangement with a friend, neighbour or relative. Legally anyone in receipt of labour must always pay their workers at least minimum wage, plus all of the employer PRSI, insurance, company registration and accountancy costs that go with it.
Minimum wage won’t necessarily be enough either – if the rate is below the fair market rate, then Revenue could reasonably class the discount as a “benefit in kind” and seek to recoup the associated taxes. Health and safety rules would apply to all childcare environments also, so a minimum level of training and building standards would need to be guaranteed.
Imagine if every time granny minded the kids, a letter from the Workplace Relations Commission arrived, with a tax bill on the mat beside it?
For obvious reasons, the government and Revenue have chosen not to intervene in the area too much up to now, but rulings like this might prompt a rethink. – Yours, etc,
JOHN THOMPSON,
Phibsboro, Dublin 7.
Sir, – Another victory for the nanny state? – Yours, etc,
ANNE BYRNE,
Bray,
Co Wicklow.