Disposable Workers? The experience of Au Pairs in Co. Meath Cultúr is celebrating 10 years (2004-2014) working with migrants in Co. Meath to realise their human rights. 1 Contents Foreword page 3 Introduction page 4 Executive Summary page 5 Background and Current Policy Context page 9 Findings-Part One Profile of Au Pairs in Meath page 11 Findings-Part Two Themes page 14 Conclusions and Recommendations page 31 2 Foreword We would like to take this opportunity to thank all of the Au Pairs who took the time out and openly discussed their experiences of Au Pairing in Ireland. The names quoted in this report are not the real names of those surveyed. The quotes illustrate the breadth and range of voices and experiences of Au Pairs. Many Au Pairs came to Ireland with a positive outlook, eager to develop their language and to gain work experience through the English language. While many people felt welcomed by their host families, they also saw unfairness in their terms and conditions of work and are seeking policy change in this regard. Many people in Cultúr Migrants Centre were involved in this project, administering the surveys, making contact with Au Pairs and language centres and we would like to thank them for their commitment and contribution to the research. They include: Grace Kearney who was on a community work placement from NUI Maynooth, Theresa Martin, community worker, Sylwia Bronchard, Administrator Cultúr Migrants Centre, Folashade Abafarin, Anetta Janczak from the women’s leadership project and Olivia Guffroy, Failte Isteach Co-ordinator Cultúr Migrants Centre. Sinead Smith who also carried out surveys wrote the final report. Sinead Smith Project manager Cultúr Migrants Centre July 2014 Yemi Adenuga Chair person Cultúr Migrants Centre July 2014 3 INTRODUCTION Cultúr Migrants Centre undertook this survey with Au Pairs working in Co. Meath over the course of 2013-14 as part of our role as a community work organisation working with migrants in the county. We were conscious that since early 2011, the numbers of Au Pairs working in the county had increased significantly. This was evident from our own English language classes in Navan, our Equality for Women Measure Project (REACH) and through our work with other local community organisations. Work undertaken by the Migrants Rights Centre in Ireland has already demonstrated that that the numbers of Au Pair workers facing exploitation in Ireland is increasing in tandem with the increased numbers of Au Pairs coming to work here. While Au Pairs have always been part of the picture of migration, since the late 1990s Au Pairs from all over the world have migrated to the county. The numbers of Au Pair workers coming to Ireland to improve their language acquisition and to seek work. Coupled with a worldwide economic crisis and high levels of unemployment across the EU, economic factors have influenced these ‘push/pull factors’ of migration patterns of Au Pairs into Ireland. Methodology We began to engage in discussions with Au Pairs about their work conditions in mid 2013 and decided to undertake a survey to assist us to develop a better analysis of the issues affecting Au Pairs. This report will support and enable us to develop community work responses to the issues regarding work place rights that exist for Au Pairs. It provides an evidence base for the policy changes required by the state. In the summer of 2013, a team from the organisation began a process of carrying out in depth surveys with a sample of 31 Au Pairs from five parts of the county, namely Navan, Kells, Trim, Summerhill and Dunshaughlin linking in with English language centres and community organisations in those areas. We also reviewed our own statistics on the numbers of Au Pairs accessing English classes in Navan to glean a better profile of Au Pairs coming to Meath. In the academic year of 20122013 alone, our English classes in Navan supported Au Pairs from the following countries: twenty nine Spanish nationals, six Italian nationals, one Swiss national, two South Korean nationals and two French nationals-a total of 40 Au Pairs in one English language centre. Given the fact that there are six Failte Isteach centres and private English classes available, it suggests that Au Pairs are a growing work force in Ireland. The format of the survey was constructed to collate statistical information on the experience of Au Pairs in the county but also narratives on the issues they experience as workers. The main report is structured in the following manner: Executive summary of key findings and recommendations Background and current context Findings of the survey under thematic headings Conclusions and recommendations 4 Executive summary The main findings of this report are summarised below in two parts: A profile of Au Pairs surveyed and the thematic issues identified and analysed in the report. Nationality: the majority of those surveyed (62% and 13%) or three quarters are from Spain and Italy respectively and German Au Pairs representing 10% of those sampled and the remaining 15% from other EU member states. Age: The survey highlights the relatively young age profile of women who are coming to Ireland to work. Almost two thirds are under 25 years of age (74%) and all are under 35 years of age, with only one person over 30 was represented in the survey. Length of Time in Ireland: Of those who answered this question in the survey we know that a small number of Au Pairs were in Ireland for more than one year; this group were more likely to have moved around and to have Au Paired for a number of families. The majority of those surveyed (87%) were in Ireland six months or less with only (13%) here over six months but less than a year. Location of Au Pairs in the county: Limited research has been undertaken on the numbers of Au Pairs in Ireland and what areas of the country they are concentrated in. In Co. Meath the majority of Au Pairs surveyed were living in rural parts of the county, this constituted (70%) of the total number who answered this question. Motivations for Au Pairing in Ireland: four main themes were identified by Au Pairs, many of whom are third level graduates, the acquisition of English language skills, earn an income, proximity of Ireland to home and to gain experience looking after children for professional reasons. Recruitment of Au Pairs: The majority of Au Pairs surveyed cited the use of website recruitment, with a small minority of people accessing positions through agencies in their home country. A further source of recruitment was direct contact with families through blogs and Facebook. Au Pairs who were on their 2nd or 3rd work position cited the use of different recruitment methods but this survey data relates to their current employment. Almost two thirds of Au Pairs were recruited via websites with a further 13% through direct internet contact with families with no intermediary. This means that 84% of Au Pairs came to Meath with no professional recruitment supports apart from an introductory service with no screening or safeguards in place. The remaining 16% were recruited through Au Pair agencies with limited supports provided. Contractual Arrangements: the only formal written contracts that Au Pairs had were those Au Pairs who were registered to agencies and in this case only in three out of five cases. Thirty out of Thirty One Au Pairs knew what rate of pay they would receive before they came to Ireland and broadly speaking the number of children they would care for and hours of work. In summary, 87% had no written formal contract, only verbal agreements and only 13% had a written contract and this was only in the case of those who came via Agencies. Work roles and responsibilities: these details about specific duties were communicated in the main through Skype, emails and verbal discussions and were subject to change in a 5 number of cases when people arrived. However, in the case of four people (13%) work duties were only discussed in detail when they arrived in Ireland and they knew very little apart from the number of children in their care, hours of work and rate of pay. Rates of Pay: The majority of Au Pairs surveyed earned on average €100 per week (59%) and in general rates €90-€120 (90%) with the remaining (10%) earning €130 to €180. However, there does not appear to be any relationship between the numbers of hours worked or work duties in how rates of pay are decided upon. Correlation of Work and Pay: 59% of Au Pairs earning €100 per week are working between 36-40 hours; 41-45 or 45-50 hours per week respectively and only 18% are working twenty five hours or less but are earning the same rates of pay. This means those working a 35 hour week on a rate of €100 a week are earning an hourly rate of €2.85 per hour which goes down to €2 per hour for those working fifty hours a week. Correlation of Work and Numbers of Children being cared for: Furthermore, a more detailed analysis of the work load of those earning €100 throws up more anomalies regarding the number of children being taken care of by those earning this rate. It appears that the rate of pay is the same for 17 people surveyed earning €100 per week regardless of whether an Au Pair is taking care of one, two or three children and irrespective of the number of hours worked. Understanding of the Role of an Au Pair in Ireland: Au Pairs stated that their understanding of their work role was informed by websites, friends who Au paired, reading and in many cases through the experience of Au Pairing itself. Indeed for 55% of those surveyed their understanding was shaped following their direct experience of Au Pairing, highlighting how unprepared people were about the work of an Au Pair and how little supports were available to them via recruitment agencies. Overtime and Weekend working: The majority of Au Pairs had weekends off but a number cited work duties at weekends and only one person received an additional €10 in their weekly salary if they looked after children in the evening that week. Only one person who did additional hours outside their core hours were remunerated financially. In some cases Au Pairs got time back on another day or received ‘in kind’ benefits but no overtime for weekend or evening working. Five people worked evenings or weekends (16%) of all Au Pairs sampled with no overtime or additional payments. Domestic Work: Ninety (90%) of Au Pairs had some domestic duties and only three Au Pairs out of 31 or 10% had no prescribed domestic duties and as such had the choice to help out in the home or not. This included hovering, mopping floors, washing clothes, ironing, cleaning children’s bedrooms and cooking. Treatment and Experience of Au Pairs: Issues documented in this section of the report are described as case studies and included; summary dismissal of Au Pairs in two work situations, one case of non payment for work, no training and induction for the roles, rural isolation and a lack of access to transport. English Language: In reflecting on the motivations or the ‘pull’ factor for Au Pairs coming to Ireland, clearly language acquisition which can support employment opportunities is the main factor. This was documented in detail in an earlier section of this report. 6 However, if traditionally this was understood to be a motivation and if Au Pairing was a part time cultural exchange, it is clear this has metamorphosed into something entirely different. With families employing Au Pairs as childcare and domestic workers with long working hours and little opportunity to learn English the ‘trade off’ or exchange no longer exists. Private one to one classes are costing Au Pairs approximately €20 per hour in Meath and this is supplemented by low cost or free English language classes. These classes across the county, namely Failte Isteach are currently being delivered in six parts of Co. Meath and would have a strong make up of Au Pairs attending. Almost two thirds of Au Pairs (65%) are availing of free/low cost classes only and one person out of thirty one surveyed was receiving any financial support from families to access classes. This is in spite of the fact that Au Pairs are low paid workers not earning the minimum wage. A further 35% were attending both low cost/free English classes and private one to one classes spending their already very low income on private English classes which are not supplemented by their employers. Au Pairs living in rural areas and travel to the main urban centres or towns for English classes’ they rely on their employers for transport or access to the family car. This option is not always available. Thirty five per cent (35%) of Au Pairs are paying up to a fifth of their salary on English language classes. Work place Rights: Thirteen Au Pairs or just under half of those surveyed (42%) highlighted the following issues regarding their rights as workers which were important to them: Lack of information on rights and entitlements Lack of information about services in Ireland Lack of information on rates of pay and hours of work Guidelines and regulations on Au Pairing/working in the private home in Ireland The need for contracts for Au Pairs which clearly reflected rates of pay and conditions of work Enhanced supports in terms of English language acquisition Greater networks to other Au Pairs in Ireland and opportunities to build social networks Organization of spaces for Au Pairs to meet together to discuss their experiences The role of Community Work Organisations Community work organisations have a central role to play in addressing the issues affecting Au Pairs; Trade Unions are also an important element in this regard as Au Pairs are workers. The report conveys the message that Au Pairs are looking for the creation of spaces to meet with each other, share experiences and support each other as workers. Community work can create the conditions for Au Pairs to organise collectively on the issues identified in this report and it should be resourced. This report is an initial step in that process. 7 Conclusions and Recommendations This report and others demonstrate that Au Pairing in Ireland has become linked inextricably with cheap childcare and domestic work in the private home. The increasing numbers of young women Au Pairing in Ireland and the annual dumping and recycling of workers leaves a cohort of disposable workers for whom it appears no one has any duty towards. The duty bearers in this case are primarily the Irish state which has not supported Au Pair workers in providing the safeguards, checks and balances which are in place for other workers. Workers who face exploitation as documented in the report are replaced and employers are not sanctioned. Au Pair workers move on to new employers or leave Ireland with limited or no access to legal redress or recourse to justice. As evidenced by previous domestic and international research regarding the case of domestic workers from outside the EU, the sphere of the private home has become a space for work place exploitation in terms of rates of pay, the numbers of hours worked, no contract of work, poor conditions of work, lack of clarity the job itself and freedom for private time. While the expectations of Au Pairs as workers have clearly grown in Irish society, the rates of pay and conditions for workers have not caught up with this new reality. The removal to a greater extent of Au Pair agencies as recruitment supports has only increased the vulnerability of Au Pair workers to unscrupulous practices and exploitation. The recommendations below are the same recommendations made by the MRCI Briefing Paper on Au Pair Exploitation (2014) with one additional recommendation, recommendation number two, illustrating that the experience of Au Pairs in Meath is a reflection of a national issue, which demands a national policy response. Recommendations 1. Develop a national public awareness campaign to inform employers of Au Pairs and recruitment agencies of their responsibilities involved in the employment of Au Pairs as workers under Irish employment law 2. Establish a working group made up of key stakeholders including Au Pair representatives, NERA, the DETE to track work place exploitation and collate data on the experience of Au Pairs in the workplace 3. NERA should continue labour inspections in the private home to ensure compliance and support Au Pairs to seek redress in claiming their employment rights and compensation where employment rights are breached. 4. Establish an Au Pair immigration scheme for non EU Au Pairs, examining models of best practice from other EU member states 5. Examine a structure of supports for Au Pairs who are experiencing exploitation and who need supports such as accommodation, social protection and legal advice 6. Resource organizations best placed to support Au Pairs to organize collectively in order to provide supports to each other and to support Au Pairs to access their rights 7. A publically funded care system should be established to ensure affordable, accessible and quality care for all 8 Background and Current Policy Context The Au Pair concept has developed from its origins in the 1960s as a cultural exchange option for young people to travel to other European countries to acquire language skills and immersion in another culture to its current function in Ireland today. International standards state that “Au Pairs should be treated as part of the family and be included in family activities. They are given pocket money, food and board from the host family in return for providing an ‘extra pair of hands’ in the family home, assisting with childminding and light housekeeping duties.”1 As Ireland has not signed the international Au Pair treaty, this means we currently have no ‘legal recognition or framework’ for the Au Pair industry in Ireland. 2 An issue in this regard has been the failure to protect Au Pairs as workers under Irish law. However, this lack of definition should not impede the state recognising Au Pairs as workers as they ‘fit’ the current definition as described below: Currently under Irish law, a person is a worker if he/she: Is under the control of another person who directs as to how, when and where the work is to be carried out Supplies labour only Receives a fixed hourly/weekly/monthly wage Works set hours or a given number of hours per week or month 3 When we discuss the ‘Au Pair industry’ it is in the context that the systems and operation of Au Pair work has changed significantly across Ireland and indeed the EU over the intervening years from a cultural exchange programme to an industry providing childcare and domestic workers in the private home. This survey and other research carried out by organisations such as the MRCI illustrate that Au Pairs in Ireland are: Recruited through international websites with a limited role retained for Au Pair agencies, where safe guards in terms of potential exploitation of young mainly female workers do not exist No protections for workers in a growing industry where exploitation is prevalent The fact that Au Pairs are now filling in a significant gap in Irish society in relation to childcare and domestic work for working families is a growing phenomenon. This can be best understood in the context of falling incomes and increasing costs of private childcare in a state where subsidized childcare is extremely limited and poorly resourced unlike other EU member states. 1 MRCI Briefing Paper 2014, Exploitation of Au Pair Workers in Ireland: European Agreement on Au Pair Placement, Council of Europe Treaty Series No. 068 http://conventions.coe.int./Treaty/Commun/QueVoluezVous.asp?NT=068&&CM=1&CL=ENG 2 MRCI Briefing Paper 2014, Exploitation of Au Pair Workers in Ireland 3 Code of Practice for Determining Employment or Self Employment Status of Individuals: http:/www.revenue.ie/en/practitioner/codes-practice.html 9 These issues are further compounded by the closure of new work permits in 2009 by the Department of Employment, Enterprise and Trade to workers from outside the EU, impacting on the number of Au Pairs recruited to fill these labour market gaps in the intervening years. Joined Up Coherent Policy on Au Pair Workers The current government position on Au Pairs seems to be one of ‘double speak’, while the National Employment Rights Agency (NERA)have indicated that Au Pairs may meet the definition of a worker i.e. a de facto worker, Au Pairs themselves are not aware that this recognition of worker applies to them. This effectively means that even when exploitation is taking place, Au Pairs are not seeking redress as they believe the rights of workers in Ireland do not apply to them. Families are also in many cases not aware of their role as employers regarding workers employed in their home. As state policy from the lead department DJEI is not explicit on Au Pairs as workers, a policy vacuum exists, leaving Au Pairs in a limbo situation, having to prove they are workers and that they have experienced exploitation as a result of their work situation. Au Pairs are therefore not asserting their rights and as a result have little recourse to justice, when exploitation takes place. The current regulatory framework for persons working in the private home, the Code of Practice for the Protection of Persons Employed in Other Peoples home is Cultúr would assert applicable to Au Pairs as childcare and domestic workers: The obligation to provide a written statement of terms and conditions of employment as required under the Terms of Employment[239] 3(Information) Acts 1994 and 2001, detailing hours, rates, duties, breaks/leave entitlements, treatment of travel time etc; Provisions as regards the safeguarding of privacy; The employer will not keep any personal document belonging to an employee; The treatment of accommodation and making of any deductions; All additional duties will be by prior agreement only and out-of pocket expenses will be reimbursed promptly; The employer will facilitate the employee in the free exercise of personal pursuits; and The employer will not restrict trade union membership 4 The survey findings highlight contraventions of this code of practice in Au Pair work places. Key areas regarding work place rights cited in this report included written terms and conditions of work including; rates of pay, hours of work and free time. Au Pairs are currently being treated like guest workers or seasonal workers in other countries with lower rates of pay and poorer conditions of work and ultimately as a sub category of workers. 4 INDUSTRIAL RELATIONS ACT 1990 (CODE OF PRACTICE FOR PROTECTING PERSONS EMPLOYED IN OTHER PEOPLE’S HOMES) (DECLARATION) ORDER 2007 10 Findings: The Experience of Au Pairs in Co. Meath Introduction The following survey data was collated from surveys carried out with 31 Au Pairs in five parts of Co. Meath; urban and rural areas including Navan, Trim, Kells, Dunshaughlin and Summerhill. The information is presented in two parts: firstly, a profile of participants themselves and secondly, a presentation of the thematic areas identified by the survey. Part 1 Profile of those surveyed Nationality All Au Pairs surveyed in this report were from within the EU. This does not mean that there are no Au Pairs from outside the EU living and working in Meath. In our own language centre, we have worked with Au Pairs from South Korea, South America and other countries outside the EU as have other community organisations. In the main, Au Pairs in the county surveyed were from the countries outlined in the diagram below: Spanish Dutch Slovakian Romanian Swiss Italian German Austria Total 19 1 1 1 1 4 3 1 31 Nationality Austria 3% German 10% Italian 13% Swiss 3% Romanian 3% Dutch Slovakian 3% 3% Spanish 62% The majority of those surveyed (62% and 13%) or three quarters (3/4) were from Spain and Italy, with German Au Pairs representing 10% of the sample surveyed. 11 Age Profile Many mainly young women who are currently Au Pairing in Ireland are part of the growing numbers of young people unemployed within the EU and beyond. Most are educated young people seeking to develop their English language skills for work purposes and have limited resources to do so. Au Pairing offers an opportunity to live in an English speaking country, learn the language and to earn an income at the same time. The diagram below highlights the relatively young age profile of women who are coming to Ireland to work. Three quarters were under 25 years of age (74%) and all were under 35 years of age, with only one person over 30 represented in the survey. Age Profile (total) 18-25 years 26-35 years 31 23 8 Age Profile Age Profile 26-35 years 26% 18-25 years 74% Length of Time in Ireland The cyclical nature of Au Pairing means that Au Pairs are very often treated like seasonal workers in that they usually stay with families for the academic school year, returning home at the end of the year or moving on to a new family. While many women we interviewed were in Ireland a while –no one interviewed had been in Ireland more than a year. A small number had stayed with a number of different families during that time due to various issues which will be discussed later on in the report. This presents a challenge for organisations seeking to support Au Pairs to ensure they are aware of their rights and entitlements. It also means that work place exploitation can go unreported as people leave Ireland with no recourse to justice. length of time in Ireland 0-2 months 3-6 months 7-12 months Totals 8 12 3 23 12 While a number of people did not answer this question, we know that a small number of Au Pairs were in Ireland for more than one year; this group were more likely to have moved around and to have Au Paired for a number of families. The majority of those surveyed (87%) were in Ireland six months or less with only (13%) here over six months but less than a year. length of time Au Pairing in Co. Meath 7-12 months 13% 0-2 months 35% 3-6 months 52% Where Au Pairs are living in Meath Limited statistical research has been undertaken on the numbers of Au Pairs in Ireland and what areas of the country they are concentrated in. Within Co. Meath the majority of Au Pairs surveyed were living in rural parts of the county, this constituted (70%) of the total number who answered this question (23 out of 31 people answered this question). These living arrangements raised issues for Au Pairs regarding their independence, free movement and free time e.g. access to transport, social supports and English language classes in the county-the majority of which are located in the larger towns. Au Pairs were in many cases reliant on families to facilitate them to drive the family car or provide transport to them where they had permission to do so. I can drive but I do not drive their car, not allowed. Greta Rural Urban 16 7 7 Rural Urban 16 13 Part 2 Thematic Issues This section of the report examines the thematic issues surveyed which included: Motivations for Au Pairing in Ireland Recruitment-Organising a Position Contractual Arrangements Agreeing Roles and Responsibilities of Work Rates of Pay and Correlation of Pay with Number of Hours worked and number of Children in the care of an Au Pair Overtime Domestic Work Treatment and Experience of Au Pairs Language supports Social supports Work place rights The Role of Supporting Organisations A) Motivations for Au Pairing in Ireland A range of reasons were discussed by those surveyed as pull factors for coming to Ireland to work as an Au Pair and they included in the main to learn English for a varied number of reasons, no employment at home, further study, gain experience working with children, experience a new country and culture, came to Ireland because friends are currently working here and the location of Ireland in relation to home. This is illustrated in the quotes below: 1. English Language, Cultural Exchange, Further Studies To improve English before returning to school for final exams and then university The first family to contact me was from Ireland, it was a quick way to learn English, and I cannot afford to pay academic fees to learn English I studied languages, English and Spanish for a degree. This is the cheapest way to learn and improve English and spoken English It’s a new experience, I like Ireland, to improve English for further study and work (4) To improve my English (9) To learn English and to improve the language skills, to know Irish culture (2) Ireland is a nice country with lovely and open minded people To improve English, I have an accountancy degree for work and to spend time in a different country, to learn about the culture I wanted to try an Au Pair experience abroad in order to improve my English. I’ve chosen Ireland because it was a country in which I have never been before 14 Earn money, to improve English, Meet new people and see new places I want to improve my English and to live this experience with an Irish family 2. Friends and Near to Family I came to Ireland rather than England as I have friends here (2) To learn English, the flight was available directly and it was easy to get home 3. Employment Because there are no jobs in Spain I cannot get work at home, I was looking for a year, and I am a university graduate in teacher training 4. Gain experience working with Children in a professional setting I wanted to improve my English level and to get to know a new culture and new country. I love working with children and I can use it as a reference as I want to become a social worker Because I want to learn English and I like children Get experience of taking care of children B) Recruitment: Organising an Au Pair Position in Ireland This thematic area of the survey focused on the recruitment process for Au Pairs and how those sampled experienced it. The majority of Au Pairs cited the use of website recruitment sites, with a small minority of people accessing positions through agencies in their home country. A final source of recruitment was direct contact with families through blogs and Facebook. Au Pairs who were on their 2nd or 3rd work position cited the use of different recruitment methods but the count below relates to their current employment. Over two thirds of Au Pairs were recruited via websites (71%) with a further 13% through direct contact with families with no intermediary. This means that 84% of Au Pairs came to Meath with no professional recruitment supports apart from an introductory service with no screening or safeguards in place. Agency Website Direct Family Total 5 22 Contact 4 31 15 organising Au Pair Positions Direct Contact Family 13% Agency 16% Website 71% 1. Agencies When asked to discuss their use of agencies for recruitment purposes and the issues they faced Au Pairs had mixed experiences. One person who was recruited through an agency cited the fact that no mention of salary was made and only one follow up contact was made by the agency to them: I was recruited through an agency, it involved a questionnaire where I wanted to live, how many children I was interested in looking after, there was nothing about payment. There was only one follow up contact from the agency, once I was there. (Maria) Limited Options The survey found that Agencies did not provide a high level of supports to Au Pairs and in one case a person was given one family at a time to choose from before being in allowed to review other options, which could limit the choices and result in a poor choice of family. When I went through an agency I only got one family profile and I had to choose to go there, if not I would have then got another profile of a family who were interested in me. (Vera) Contracts Of the five people who came to Ireland through agencies (16%), only three out of five (13%) had contracts with the agency, not with the family and in the case of those three who had contracts, one person cited that their rate of pay was not agreed as part of their contract. Another person stated that domestic duties were not part of their contract; however they are currently doing domestic work in their work role. Costs of Agency Recruitment and services provided When asked about a fee for recruitment, those who used websites paid no fee but Au Pairs who accessed their positions through agencies paid a fee for this ‘service’. What is not clear is how much families pay, what supports are in place for that service and how prices are 16 determined. Supports described included one person’s experience where a family changed their mind about having an Au Pair the agency found an alternative position. A second agency provided a document with information about the family, their expectations and the work responsibilities for the Au Pair but no contract. Two out of five Au Pairs with agencies had no contracts with the agency or employer apart from a verbal one. It is important to note that no pan European agreement exists to enforce agency contracts in other countries. One person from Spain arranged their placement through an Au Pair agency and paid €700 euro One person from Spain arranged their placement through an Au Pair agency and paid €200 euro One person from Germany paid €260 for each of their first two placements to an agency while their current position was organized via a website. One person from Romania paid 1200 Ron to an agency One person from Austria paid between €100-200 2. Website Recruitment Safeguards and background checks The potential false contacts that appear on Au Pair websites was also cited by one person who was concerned that some advertisements stated terms and conditions of work that were ‘too good to be true’ and avoided them. She was concerned about safe guards on websites where anyone can advertise with no background checks. I had a fear about Au Pairing and what to expect, the first two ‘families’ that contacted me on line were false. I knew because the conditions were too good. Maria Fears about the safety of websites also in some cases meant Au Pairs directly approached families through friends and contacts on Facebook, in many cases Facebook pages set up by Au Pairs themselves who often when leaving a family advertise for that family to recruit a new Au Pair. I checked out websites but didn’t want to use this so I used Facebook and made contact with a family where one of the parents was Irish and one was Spanish. Lara Levels of Information on Websites and Supports When asked about their experience of using websites, Au Pairs outlined that very little information about Au Pairing was described in detail on websites and the only service was an introduction to families. After that all agreements on pay, conditions and roles were conducted directly with families by Au Pairs themselves. No further supports were provided for or sought by Au Pairs from websites. It took a long time to find a host family thorough aupairworld.net, I was very upset, annoyed because I sent a lot of applications to families, but no one wanted me, I finally found my current host family in February. Elena 17 C) Contractual Arrangements The vast majority of Au Pairs had what they commonly cited as ‘verbal agreements’ with families regarding their work role, pay and conditions. In many cases this ‘verbal’ agreement took the form of a Skype conversation with families and in some cases the verbal agreement was translated into a written email which documented the previous discussion, in one case a handwritten ‘contract’ was signed by both parties. The only formal written contracts came via those Au Pairs who were registered to agencies and in this case only in three out of five cases. While in all cases time was given to discussing roles verbally including terms and conditions of work, this was led by the family and then agreed to by Au Pairs. In contrast to the lack of a work contract, 30 out of 31 Au Pairs knew what rate of pay they would receive before they came to Ireland and broadly speaking the number of children they would care for and hours of work. In summary, 87% had no written formal contract and only 13% had a written contract and this was only in the case of those who came via Agencies plus one other person. Work Contracts written 4 Verbal/Email/Skype 27 Total 31 Contractual Situation of Au Pairs written 13% Verbal/Email/S kype 87% A detailed breakdown on contractual arrangements highlights that: Eight people cited a ‘verbal agreement’ made before they came to Ireland usually on Skype One person stated that the agreement was by email Eighteen people stated that there was no written contract One person signed a ‘contract’ which their host family also signed before they arrived which documented their rate of pay and work responsibilities. Three people signed a contract with the Au Pair agency that they paid a recruitment fee to 18 D) Agreeing Roles and Responsibilities of Work As outlined previously, in general verbal agreements were made between families and Au Pairs on the following roles and responsibilities: Rates of pay for all Au Pairs were agreed before they came to Ireland The number of children to be cared for The number of hours worked Domestic work-general duties Work roles and responsibilities were communicated in the main through Skype, emails and verbal discussions and were subject to change in a number of cases when people arrived. However, as can be seen from the quotes below, Au Pairs are in many cases at the mercy of their employers as was the case for four people (13%) whose work duties were only discussed when they arrived in Ireland: We agreed through a conversation when I got here. Sometimes she writes me a note in the morning with the jobs-came with an agency. Natalia In my first position for which I was not paid we didn’t discuss the number of hours or days a week I would look after the children. Bettina I only agreed on work when I arrived in Ireland. Maria The work responsibilities were agreed when I came to Ireland, I asked but was told we would speak face to face when I came. Monica Where work roles were written down, it was often in email format as opposed to a formal contract and would not construct an agreement: They emailed me the ‘schedule of duties’ before I came and when I came they explained to me for the first three weeks all the things I was to do Louisa In the case of agencies, the input was not very different but a written contract was signed: I agreed my responsibilities with the agency I came with and signed a contract with an agency via a website and the confirmation of this was sent to my host family Amelia For one person who had a bad experience on her first time Au Pairing, a verbal agreement was important to have: We agreed everything in advance verbally as my first experience had been so bad Angela 19 E) Rates of Pay and Correlation of Pay with Hours of Work and Responsibilities of Childcare This theme illustrates that there is very little correlation in terms of pay vis-à-vis the number of hours worked, the number of children looked after and the domestic work undertaken. The majority of Au Pairs surveyed earn on average €100 per week and in general rates between €90-€120 euro per week (90%) with the remaining (10%) earning €130-€180 euro per week. Two people chose not answer this survey question. Income earned (29) Rates 17 €100.00 4 €90.00 3 €120.00 2 €110.00 2 €130.00 1 €180.00 1 €125.00 Ten out of seventeen or 59% of those earning €100 per week are working 36 hours or more a week. If we take into account those working between 31 hours and 50 hours per week at €100 this rises to 76% or three quarters of Au Pairs on this rate. Thirteen per cent (13%) of Au Pairs surveyed are paid at €90 per week, in total over two thirds (72%) are paid between €90-100 per week. If we take those who earn €100 per week (59%) and examine the number of hours worked for this rate, there are huge variations in the table below. Rates of Pay and No. of Hours worked 15-25 hours 26-30 hours 31-35 hours 36-40 hours 41-45 hours 45-50 hours Number of those earning €100 per week No of People 3 1 3 4 1 5 17 20 45-50 hours, 5, 29% 15-25 hours, 3, 18% 15-25 hours 26-30 hours , 1, 6% 31-35 hours , 3, 18% 41-45 hours, 1, 6% 26-30 hours 31-35 hours 36-40 hours 41-45 hours 45-50 hours 36-40 hours, 4, 23% From the pie chart above presenting a breakdown of the hours worked by Au Pairs, 58% of Au Pairs are working between either 36-40 hours, 41-45 or 45-50 hours per week and only 18% of Au Pairs are working twenty five hours or less but are earning the same rates of pay. A further 18% are working between 31-35 hours per week for €100 This means for example that those working a 35 hour week on a rate of €100 a week are earning an hourly rate of €2.85 per hour which goes down to €2 per hour for those working fifty hours a week. Furthermore, a more detailed analysis of the work load of those earning €100 throws up even more anomalies regarding the number of children being taken care of by those earning this rate. It appears from the survey that the rate of pay is the same regardless of whether an Au Pair is taking care of one, two or three children regardless of the number of hours worked. Case Example: Correlation between pay and number of children cared for by those earning €100 15-25 hours 3 children 26-30 hours I child 31-35 hours 2 children 36-40 hours 2-3 children 41-45 hours 2-4 children 45-50 hours 2-3 children Other payments Out of pocket expenses, other discretionary financial payments and additional in kind benefit supports were cited by a number of Au Pairs as provided by families, both monetary and non-monetary. These included: additional money for cleaning in the case of one Au Pair, petrol money and use of the family car by three people, half gym membership for one person presents and a flight home at Christmas 21 The insurance on the family car paid for-which in many cases was also used as part by Au Pairs as part of their work role. These payments were either part of verbal agreements or incidentals that arose over the course of time Au Pairs worked for families. F) Hours of Work and Overtime Flexibility In terms of days of work and times of work, one person cited the fact that they had to be ‘flexible’ as their work times and days changed with very little notice often the day before. ‘I am off on weekends, but I don’t have precise hours of work I work for a couple of hours a day and I mind one child. Elena Blurred boundaries between work time and free time The quote below highlights the dilemma of living and working in the home of your employer, where there is a blurring of boundaries between home and work place due to the lack of contractual agreements. I work 10-11 hours per day with weekends off but if the need is more that is no problem. Gracia Only one person who did additional hours outside their core hours were remunerated financially. In some cases Au Pairs got time back on another day or received ‘in kind’ benefits such as those listed above but no overtime payment for weekend working. Weekend working The majority of Au Pairs had weekends off but a number cited work duties at weekends: One person worked a half day Saturdays One person worked every second Saturday One person worked occasionally on Saturdays One person cited that they sometimes work at the weekend but receive no additional payment One person looked after children sometimes at the weekend in the evening One person received an additional €10 in their weekly salary if they looked after children in the evening that week. In total five people worked evenings or weekends (16%) of all Au Pairs sampled. In my current role I look after one baby who is two years old four days per week, three days from 8am to 7pm and one day from 8am to 8.30 pm. Two out of four days are at the weekend. Andrea 22 G) Domestic Work as a Core Part of Au Pair Duties Most Au Pairs maintained they were happy to keep the house clean as a member of the household and stated that they liked to help out while living in the family home. However, many had specific duties agreed as part of their Au Pair role that were domestic worker duties as described in the two quotes below which juxtapose very different experiences. I just help out when I want. Adelina Hoover, mop, fold laundry, empty dishwasher, wash the pans, and clean the living room once a week, that’s mostly it. Sometimes empty the bin. Little things like that. Catalina The table below provides a breakdown of the tasks Au Pairs undertook but does not include cooking for children as all Au Pairs when looking after children either cook or prepare food for children in their care. The table cites the number of times an Au Pair stated the domestic duty on the left was an area of work they undertook. Types of Domestic Duties Number of Au Pairs who stated these areas as one of their duties 11 and 10 Hovering /Mopping Floors Cleaning Children’s Bedrooms playrooms Washing Clothes/Laundry 8 Ironing Children’s Clothes/other family 7 members clothes Cook for family 3 General Housekeeping e.g. sitting room and 21 kitchen, emptying dishwashers, help with dishes, picking up and tidying away It is clear from the survey that many Au Pairs have a central role in maintaining the family household across a wide range of domestic tasks beyond children: ‘Hovering, ironing and tidying up after the children and cleaning the bathroom once a week and iron the children’s clothes when it is necessary. I do the dinner, the lunch and the breakfast every day.’ Roberta 23 Only three Au Pairs out of 31 or (10%) had no prescribed domestic duties and as such had the choice to help out in the home or not and 90% had some domestic duties as described in the table above. no agreed domestic role agreed domestic role 3 28 Domestic Duties no agreed domestic role 10% agreed domestic role 90% H) Treatment and Experience of Au Pairs 1. Expectations of Au Pairing and the reality One of the core issues regarding Au Pairing in Ireland is the transition that has taken place between what an Au Pair traditionally did and how that role has now transformed into a professional childcare/domestic worker role with all that entails. We asked Au Pairs about their understanding of Au Pairing before they came to Ireland and if their expectations were different to the reality of the work they are engaged in. Their understanding was shaped by information on websites, friends who Au paired, reading and in many cases through the experience of Au Pairing itself. Indeed for 55% of those surveyed their understanding was shaped by a direct experience of Au Pairing, highlighting how unprepared people were about the work of an Au Pair and how little supports were available to them. Websites 6 people Friends who had Au Paired 7 people Reading 1 person Own Understanding 17 Totals 31 In the case of those using websites, expectations included the opportunity to study English: The information I got from looking at websites was looking after children, helping with housework such as cleaning children’s bedrooms and the kitchen, having time to study English. Antonia 24 A lot of those who sought guidance from friends who had Au paired themselves: From friends living in London, based on their experiences they explained the role of an Au Pair, what to expect, how many hours of work and pay. Maria People told me about Au Pairing, the good and the bad from friends and the internet, you are part of the family where you live and you take care of the children. Adelina Many acknowledged that the expectations employers had of Au Pairs included domestic work as well as childcare. Eight people who knew very little about Au Pairing before coming to Ireland had an expectation that some housework was involved. The information I got from looking at websites was Looking after children, helping with housework such as cleaning children’s bedrooms and the kitchen, having time to study English. Antonia In terms of childcare all Au Pairs had expectations that this would be a central role with nineteen of those who discussed the role in detail citing it. Other expectations included opportunities to study English and to have a cultural exchange experience. 2. Exploitation and Recycling of Au Pairs as workers As outlined above, many Au Pairs cited their expectations being met and many believed that what they understood about Au Pairing was met in terms of their role. This did not mean they thought their pay and conditions of work were fair as 42% attested that they believed significant changes were required. (See section on supports for work place rights). The issues below are case study examples of exploitation of Au Pairs under thematic areas. A) Summary Dismissal Joanna, one Au Pair interviewed was on her second Au Pair employment position. Her initial experience in Ireland had been negative and the family she was working for asked her to move out of the home with no notice and no explanation. In her case, the agency she was employed by found another placement but she was unaware if any action regarding the family was taken by the agency. It was different, the first two weeks I was in Kilkenny it was bad and I changed, I left. The baby was born early before I arrived and the mother had depression, there was also a one year old baby. There was no communication, I felt unliked, I was asked to stay with the grandparents. The family contacted the agency and said I could go home but did not ask me. The agency organised a new placement for me. Joanna Olivia on her initial placement in Ireland had to leave the family home with no notice, no transport and had to find accommodation at very short notice. The rates of pay and hours she worked demonstrated a clear exploitation and she was not allowed to have free time off. When she left she was owed a half week’s pay: 25 The first position I had when I came was in Carlow. I was only there for ten days. It was ‘horrible’, I had no free days, I was expected to work seven days per week for 12 hours per day for €75. I was only paid one week and not for the other half week. There was a 13 month old baby and the mother was pregnant. When I wanted to go out the father said: ‘did you come as a tourist or to work?’ There was no agreement before I came about the hours of work. I was crying, I said you don’t need an Au Pair. They asked me to go back home that they would pay for the flight but I went to stay with my friend in Dublin. When I was leaving, the mother did not come downstairs to say goodbye and I had to walk to the station with all my bags.’ Olivia B) Induction/ Training and Clarity on Expected Roles The length of time and training given to Au Pairs who are effectively childcare workers appears to be nonexistent. In one case, one person cited a week long induction with the children before being left as their carer: I arrived on Sunday so I didn’t work a lot, my host mother stay at home with me and showed me everything before she leaves with me the children next week. Lena One person cited the fact that they were unaware of their role regarding domestic work: In general I have to do a lot of housework and I didn’t agree with that when I came. Lara C) Rural Isolation and Transport An area of concern highlighted in this report for Au Pairs living in rural areas is isolation and dependency on families for transport. Angela’s role has changed to what she understood it to be from an Au Pair to childcare worker. As the family have decided it is too expensive for car insurance she now has to find a new family. Again, the dumping of Au Pairs and the ability of families to replace them easily creates a situation of disposable childcare workers. No. I thought it would be more with children. Actually, I’m cleaning more than staying with kids. I work 40 hours. I do washing for parents clothes and underwear which I hate and wash dirty dinner dishes in the morning. The car insurance is expensive so I can’t have the car so I am dependent on the family to bring me everywhere. The family have arranged for me to move out because they need a driver.’ Angela D) Non Payment of Au Pairs In one particularly disturbing situation, Lara was recruited through Facebook with a family, where one parent was the same nationality as her. Instead of being paid an income she was asked to provide music lessons in exchange for English lessons from the English speaking parent: ‘At the beginning it was different like I was someone who helped the mother to do housework and I learned English, and received no payment. When I told them I needed help with my English they said the mother was ill and I had to help with the housework. I 26 wanted to improve my English. They said they would pay me to give violin lessons to their child but they didn’t pay me. I changed families after talking with other Au Pairs and hearing about this survey’. Lara I) Language Supports In reflecting on the motivations or the ‘pull’ factor for Au Pairs coming to Ireland, clearly language acquisition which can support employment opportunities is the main factor. This was documented in detail in an earlier section of this report. However, if traditionally this was understood to be a motivation and if Au Pairing was a part time cultural exchange, it is clear this has metamorphosed into something entirely different. With families employing Au Pairs as childcare and domestic workers with long working hours and little opportunity to learn English the ‘trade off’ or exchange no longer exists. Au Pairs are low paid workers who are being exploited by employers under the terms of a cultural exchange where English language acquisition is a bartering tool. This survey clearly shows a number of issues in this regard: 1) Time to learn English is often not available to Au Pairs due to long hours of work 2) The cost of private English one to one classes often outside the means of those in Ireland with many Au Pairs attending free or low cost classes and from those surveyed not classes are not being paid for by their employers in Co. Meath (65% were attending low cost classes) 3) Those living in rural areas have less access to English language classes and require access to transport which is not always readily available The survey findings highlight that private one to one classes are costing Au Pairs approximately €20 per hour and that this is supplemented in addition by low cost or free English language classes. These classes across the county, including Failte Isteach and others are currently being delivered in six parts of Co. Meath and would have a strong make up of Au Pairs attending. As can be seen from the diagram below, almost two thirds of Au Pairs (65%) are availing of free/low cost classes only and one person out of thirty one surveyed was receiving any financial support from families to access these classes in spite of them being low paid workers not earning the minimum wage. A further 35% were attending both low cost/free English classes and private one to one classes spending their already very low income on private one to one English classes which are not supplemented by their employers. In the case of Au Pairs living in rural areas and travelling to towns for English classes’ they rely on families for transport or access to the family car. This option is not always available. This puts paid to the idea that Au Pairing is a cultural exchange with employers/families clearly not envisaging a responsibility to fund this. Thirty five per cent of Au Pairs are paying up to a fifth of their salary on private one to one English language classes (based on average earning of €100 per week). attending free English language classes only 20 attend both free and private English one to one language class 11 Totals 31 27 English Language Supports attending low cost or free english classes and private one to one class35% attending free /low cost english language classes only 65% J) Social Supports One of the areas the survey analysed was the social supports available to Au Pairs to meet people, making friends or find out about Ireland and its systems through their host family. It appears that the main supports Au Pairs have in Ireland are other Au Pairs followed by the families they stay with. ‘I would like to be more included in my host family’ Ariana The challenges of working and living in the same place, plus the limited opportunities to access information about the outside world and your rights and entitlements is clearly an issue given that the employer and other Au Pairs in same position as you are your main sources of supports for an Au Pair in Ireland. The earlier section on understanding of Au Pairing demonstrated that 55% of those who Au Pair have little knowledge about the role and what to expect. Again, the boundaries are blurred in terms of the employer as a friend and the varied experiences of Au Pairs are outlined below: My host family always ensures me to make new friends, I am part of the family, it doesn’t feel like a ‘job’ that I have to do. I am more like a big sister to the children. Jana I don’t have any support. I feel the family should help us with our English, even take two hours a week to talk over coffee. Julia These sentiments resonate in particular for those who are in vulnerable work situations and are isolated. The diagram below highlights the narrow sphere of supports currently available for Au Pairs in the county, which is compounded for those who are living in rural areas. Social Supports Gone out for dinner with the family and other family celebrations (5) Attending church with family (1) Chat about Ireland and living in Ireland with host family (2) Met with other Au Pairs through attending English classes (7) Have been able to make friends and to travel (4) 28 Taken to free English classes, organise get togethers with other Au Pairs who are looking after children (4) No supports to learn about Ireland or Irish culture, met other Au Pairs through Facebook (1) Very little information about Ireland (1) Have met friends through the children’s playgroup (1) K) Work Place Rights I would love to have more supports in this area! To know more about the pay that we can expect and how many hours we are supposed to work! I didn’t know it’s supposed to be only 30 hours per week. Ana Thirteen Au Pairs or just under half of those surveyed (42%) highlighted the following issues regarding their rights as workers which were important to them Lack of information on rights and entitlements Lack of information about services in Ireland Lack of information on rates of pay and hours of work Guidelines and regulations on Au Pairing in Ireland The need for contracts for Au Pairs which clearly reflected rates of pay and conditions of work Enhanced supports in terms of English language acquisition Better links to other Au Pairs in Ireland and opportunities to build social networks Organization of spaces for Au Pairs to meet together to discuss their experiences Same pay across for all Au Pairs, more opportunities for learning and more free time, I work from 6.30 am in the morning. Gabriele A central focus of the survey was identifying what are the current support needs of Au Pairs. In order to do this, the survey sought to gage the current contact points used by Au Pairs for information on issues affecting their rights as workers. This was in order to glean what tangible changes Au Pairs want to see which would support the recognition of their rights as workers in Ireland. Everyone should sign a contract, so things don’t change out of the blue, equal work hours and fair pay. Make rules before they [Au Pairs] come so they know what to expect Catalina A number of signposts for information are currently being accessed and these are detailed below and they include: the host family, other Au Pairs, and social media such as Facebook. One person highlighted the fact that they are not registered with a GP and would need supports with this. I would like to see a regulation about the amount of money, the health insurance and the work hours Karin In reflecting on the current situation of Au Pairs in Ireland and their rights as workers a number of concerns were highlighted by Au Pairs. 29 It is difficult as each family is different.You are not seen as a worker and have no contract. Having access to English classes and being given the time to attend and for these classes to be paid for. Sara I would like to see some regulations about hours and babysitting at the weekend/evenings and around learning, some mornings have care for children when Au Pair is learning. Sandra The Role of Community Work Organisations Those surveyed were not aware of organisations actively supporting Au Pairs on workers issues in Ireland. Resources and time need to be invested in raising awareness about rights and entitlements and the agencies and organisations that are there or should support Au Pairs in their efforts for redress. No one surveyed had heard of the Au Pairs Association of Ireland, a support group set up in recent years to support Au Pairs. Community work organisations have a role to play in local areas to support the particular issues affecting Au Pairs in the county. The report conveys the message that Au Pairs are looking for the creation of spaces to meet with each other, share experiences and support each other as workers. Community work can create the conditions for Au Pairs to organise collectively on the issues identified in this report which is the initial step in that process. Cultúr is currently working with the Migrants Rights Centre Ireland to build on our work in the county as an organisation that is best placed to do this work. Till now only the English class, it would be great to have a meeting with all the Au Pairs in each village/town so they could learn about other Au Pairs. Vanessa 30 Conclusions This report and others demonstrate that Au Pairing in Ireland has become linked inextricably with cheap childcare and domestic work in the private home. The increasing numbers of young women Au Pairing in Ireland and the annual dumping and recycling of workers leaves a cohort of disposable workers for whom it appears no one has any duty towards. The duty bearers in this case are primarily the Irish state which has not supported Au Pair workers in providing the safeguards, checks and balances which are in place for other workers. Workers who face exploitation as documented in the report are replaced and employers are not sanctioned. Au Pair workers move on to new employers or leave Ireland with limited or no access to legal redress or recourse to justice. As evidenced by previous domestic and international research regarding the case of domestic workers from outside the EU, the sphere of the private home has become a space for work place exploitation in terms of rates of pay, the numbers of hours worked, no contract of work, poor conditions of work, lack of clarity the job itself and freedom for private time. While the expectations of Au Pairs as workers have clearly grown in Irish society, the rates of pay and conditions for workers have not caught up with this new reality. The removal to a greater extent of Au Pair agencies as recruitment supports has only increased the vulnerability of Au Pair workers to unscrupulous practices and exploitation. The recommendations below are the same recommendations made by the MRCI Briefing Paper on Au Pair Exploitation (2014) with one additional recommendation, recommendation number two, illustrating that the experience of Au Pairs in Meath is a reflection of a national issue, which demands a national policy response. Recommendations 1. Develop a national public awareness campaign to inform employers of Au Pairs and recruitment agencies of their responsibilities involved in the employment of Au Pairs as workers under Irish employment law 2. Establish a working group made up of key stakeholders including Au Pair representatives, NERA, the DETE to track work place exploitation and collate data on the experience of Au Pairs in the workplace 3. NERA should continue labour inspections in the private home to ensure compliance and support Au Pairs to seek redress in claiming their employment rights and compensation where employment rights are breached. 4. Establish an Au Pair immigration scheme for non EU Au Pairs, examining models of best practice from other EU member states 5. Examine a structure of supports for Au Pairs who are experiencing exploitation and who need supports such as accommodation, social protection and legal advice 6. Resource organizations best placed to support Au Pairs to organize collectively in order to provide supports to each other and to support Au Pairs to access their rights 7. A publically funded care system should be established to ensure affordable, accessible and quality care for all 31 Bibliography 1. Part of the Family? The experiences of Au Pairs in Ireland, MRCI, October 2012 2. Exploitation of Au Pairs in Ireland: Briefing Paper and MRCI recommendations, MRCI, (2014) 3. Industrial Relations Act 1990 (Code of Practice for Protecting Persons employed in Other Peoples Homes (Declaration Order 2007) 32