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Domestic Workers Convention, 2011 (No. 189) - Ireland (RATIFICATION: 2014)

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Article 1 of the Convention. Definition of domestic work and domestic worker. The Government reiterates that Irish employment law does not treat domestic workers as a separate category of worker and that employment rights legislation in Ireland applies to all workers who are working under a contract of employment (written or verbal), on a full-time or part-time basis, including legally employed domestic workers. The Government reiterates that domestic workers are covered by the Code of Practice for Protecting Persons Employed in Other People’s Homes (hereinafter the Code of Practice). Pursuant to the Code of Practice, an “employee” means a person who is employed in the home of another person, in accordance with the provisions of the Code of Practice for Determining Employment or Self-Employment Status of Individuals. Moreover, the Committee observes that, in defining the term “domestic worker”, the booklet published by the Workplace Relations Commission (WRC) on the employment rights of domestic workers in Ireland refers to the definition of worker in the national legislation as well as to the definition of domestic work and domestic worker established in Article 1(a) and (b) of the Convention. The Committee nevertheless notes that the Government once again provides no information on the manner in which it is ensured that persons who perform domestic work occasionally or sporadically, but do so on an occupational basis, are covered by the guarantees established in the Convention. In this respect, the Committee recalls that the definition of a domestic worker established in Article 1 of the Convention only excludes sporadic workers when they do not perform domestic work on an occupational basis. The Committee draws the Government’s attention to the preparatory work for the Convention, which indicates that this the wording of Article 1(c) was included in this provision for the purpose of ensuring that day labourers and similar precarious workers would be covered by the definition of domestic worker (see Report IV (1), International Labour Conference, 100th Session, 2011, page 5). The Committee therefore reiterates its request that the Government indicate in what manner it ensures that persons who perform domestic work occasionally or sporadically, but do so on an occupational basis, are covered by the guarantees established in the Convention.

Au pairs. In its previous comments, the Committee noted the observations of the Irish Congress of Trade Unions (ICTU), in which the ICTU expressed concerns in relation to the situation of au pairs in Ireland. The ICTU pointed out that, while au pairs are recognized by the Government as domestic workers, they are nevertheless portrayed by au pair agencies as not having the status of workers and are proposed by agencies to their clients as a cheap childcare solution. The ICTU therefore called on the Government to launch an information campaign to raise awareness among the public that au pairs are in fact covered by employment legislation. The Committee observes that the Government’s report does not respond to the ICTU observations. The Committee thereforerequests the Government to provide updated information on the measures taken to ensure compliance with the national employment legislation with respect to au pairs working in Ireland.

Article 3(2)(a). Freedom of association and collective bargaining. The Government indicates that workers’ rights to freedom of association and to organize and bargain collectively are recognized in the national legislation. It adds that the Government promotes collective bargaining not only through national legislation, but also through an institutional framework supportive of a voluntary system of industrial relations that is premised upon freedom of contract and freedom of association. The Government adds that sections 1.2 and 5.12 of the Code of Practice prohibits domestic employers from restricting domestic workers’ right to join a trade union. In addition, the Government indicates that the WRC provides a number of services, including advisory, conciliation and adjudication services which are available to all workers, including domestic workers. The Committee requests the Government to continue to provide detailed and updated information on the measures adopted or envisaged to promote and guarantee in practice the right of domestic workers to freedom of association and collective bargaining.

Article 3(2)(d). Elimination of discrimination in respect of access to employment. In its previous comments, the Committee once again urged the Government to take the necessary measures to amend section 2 of the Employment Equality Acts 1998–2015 (EEA), which exclude “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons”, thereby enabling employers of domestic workers to make recruitment decisions on discriminatory grounds. The Committee notes the Government’s indication that a review of the Equality Acts is being carried out by the Minister for Children, Equality, Disability, Integration and Youth. The review examines, among other issues, the Acts’ effectiveness in combatting discrimination and promoting equality, as well as the degree to which those experiencing discrimination are aware of the legislation and its provisions, and whether there are practical or other obstacles which preclude or deter them from taking action under the Acts. The Government observes that the process of review included a public consultation in 2021. It indicates that the recommendations that arise from the review could take the form of recommendations for legislative changes, recommendations for policy development, or recommendations for changes to be made to the practical operation of the redress mechanisms. The Committee requests the Government to provide updated information in its next report on the scope, the status and the results of the review of the Equality Acts. In this context, the Committee trusts that the Government will take steps without delay to amend section 2 of the Employment Equality Acts 1998–2015 (EEA) to ensure that domestic workers are effectively protected against discrimination in employment and occupation, including in respect of access to and terms and conditions of employment.

Articles 3(2)(b) and 5. Forced or compulsory labour. Abuse, harassment and violence. The Government indicates that the Safety, Health and Welfare at Work Act, 2005 places duties on employers to ensure, so far as is reasonably practicable, employees’ safety, health and welfare at work, including with respect to violence and aggression at work. The Government indicates that all complaints received by the Health and Safety Authority (HSA) are reviewed and followed up as appropriate. Follow up measures range from first line interventions (transmission of a letter to the employer requesting information) to inspections. The Government reports that, over the last ten years, the HSA has received notification of 294 non-fatal incidents caused by shock, aggression or violence to a worker in a domestic setting (57 per cent of those injured in these incidents were men). However, no statistical data is available to enable a determination of whether or how many of these incidents involved domestic workers. The Government indicates, after reviewing the Committee’s request for statistical information on complaints filed by domestic workers referring to abuse, harassment and violence, that WRC systems do not capture the information requested under this specific heading. It indicates that 67 complaints were filed in which the complainant indicated that the position held was “domestic worker”; however, the complaints refer to other matters, such as pay, hours of work, terms and conditions or employment, unfair dismissal or other grounds. The Government also reports that some complainants may not self-identify as domestic workers. The Committee notes the information provided by the Government on the procedures followed and measures taken by the police (An Garda Síochána) in identified cases of human trafficking. The Committee notes that, according to the Assistant Commissioner of Organised and Serious Crime (hereinafter the Assistant Commissioner), human trafficking for labour exploitation of workers, both documented and undocumented, is an offence under the Criminal Justice (Human Trafficking) Act of 2008, as amended. When a suspected case of human trafficking is discovered by An Garda Síochána, particular emphasis is placed on assisting the victims and prioritizing their removal from circumstances of vulnerability, control and threat imposed by the perpetrators of such criminal offences. An Garda Síochána assesses each victim and incident on its own merits and, where a positive assessment is made regarding the existence of indicators of human trafficking, the investigating member of An Garda Síochána will ensure that the potential victim of human trafficking is entered into the National Referral Mechanism (NRM) and offered the associated services. The NRM provides a channel for all agencies, both State and civil society, to cooperate, share information about potential victims, identify those victims and facilitate their access to advice, accommodation and support. The NRM is a system to ensure that potential victims have their basic needs met in the initial period after the referral in terms of the provision of accommodation, food and healthcare, including psychological care, legal aid services and the granting of residency permits. The Assistant Commissioner reports that, between 2019 and 2021, nine cases of human trafficking were identified in which the victims were women engaged in domestic work. The Committee requests the Government to continue to provide detailed updated information on the nature, the scope and the impact of the measures adopted to ensure that domestic workers, both documented and undocumented, are effectively protected against all forms of abuse, harassment and violence.In this respect, the Government is requested to provide statistical data, disaggregated by sex and age, on the number of complaints of harassment, abuse and violence received by the various state authorities in the context of domestic work, their outcome, the penalties imposed on those responsible and the compensation granted. In addition, the Committee requests the Government to provide detailed updated information on the nature and impact of measures taken to prevent human trafficking in the domestic work sector.

Article 7. Information on terms of employment. The Committee notes with interest that the Code of Practice sets out the rights of persons employed in private homes, including domestic workers. This information is available on the website of the Workplace Relations Commissioner as well as in downloadable booklets. The Government indicates that the website and its contents are available in 108 languages. The website also includes templates of employment records forms which are downloadable for employers’ use. In addition, the WRC provides information by telephone and email on employment rights during working hours as well as recorded information available outside of working hours. In 2021, the WRC handled close to 56,000 telephone queries. The Committee nevertheless notes that no statistical information is available on the number of queries concerning domestic workers. The Committee requests the Government to continue to provide updated detailed information on the measures taken to ensure that domestic workers are informed of their terms and conditions of employment in an appropriate, verifiable and easily understandable manner. It also invites the Government to provide updated information on any developments in relation to the application of this Article.

Article 8. Migrant domestic workers. The Government reiterates that Ireland’s employment legislation protects all employees, including migrant workers, who are legally employed on the basis of a contract of service. The Government’s stated policy is to promote the sourcing of labour and skills needs from within the workforce of Ireland, the European Union (EU) and other European Economic Area (EEA) States. The Government indicates that the employment permit system is designed to accommodate the arrival of non-EEA nationals to fill skills and labour gaps for the benefit of the economy, as well as to ensure that the employment rights of migrants are observed. The Employment Permits Acts ensures the protection of migrant workers’ rights by, inter alia, ensuring that there is a written contract of employment in place; ensuring that the permit holder receives the original copy of the employment permit; prohibiting deductions for expenses incurred in respect of the employment permit application process from the employee’s remuneration; and setting minimum remuneration levels. The WRC’s investigation and enforcement powers serve to discourage abuses of the employment permits system by employers. The Committee nevertheless observes that occupations in private homes are included on the Ineligible Occupations List for Employment Permits and that, as a result, non-EEA nationals are not eligible to receive employment permits for the purposes of domestic work. The Government adds that the regulations provide for an exception to be made only in the case of an application for employment as a carer in a private home under specific conditions (for instance, where it can be demonstrated that the applicant has a long history of caring for the person requiring the care). The Committee observes, however, according to information available on the website of the Citizens Information Board, that many domestic workers in Ireland are migrant workers, often from outside the EEA. In addition, the booklet on Employment Rights of Domestic Workers in Ireland published by the WRC refers to “immigration permission permitting non-EEA nationals to work” in the context of domestic work. In its observations, the ICTU indicates that, given that there has been no employment permit for the domestic work sector since 2009, some domestic workers have found themselves classified as undocumented through no fault of their own. In relation to the number of cases brought by undocumented migrant domestic workers (those who had no permission to work) to regularize their status under section 4 of the Employment Permits Amendment Act of 2014, the Government indicates that no cases were submitted by migrant domestic workers in this respect during the reporting period. Only one case was submitted by the WRC, which was resolved before legal action was taken, with the worker receiving compensation. In its previous comments, the Committee noted the observations of the ICTU, in which it indicated that there is evidence to show that undocumented workers are generally not willing to seek justice through state authorities, as they face risks of detection and deportation. It adds that clear and safe reporting mechanisms for undocumented domestic workers are needed to protect those who are victims of exploitation and crime. Lastly, the Committee observes that the Government once again does not indicate how it is ensured that migrant domestic workers recruited for domestic work in Ireland receive a written job offer or contract of employment prior to crossing national borders (Article 8(1)). Nor does the Government provide information on the laws, regulations or other measures that specify the conditions under which migrant domestic workers are entitled to repatriation on the expiry or termination of their employment contract (Article 8(4)).The Committee requests the Government to provide detailed updated information on measures taken or envisaged to enable migrant domestic workers, including non-EEA nationals, to be eligible to receive work permits for the performance of domestic work, providing that they have complied with all other requirements under Irish legislation. It also requests the Government to provide updated information on the number of migrant domestic workers legally working in the country, both nationals of EEA States and non-EEA nationals. In light of the information available on the website of the Citizens Information Board indicating that many migrant domestic workers in Ireland are from non-EEA countries and the employment permit requirements for non-EEA nationals described above, the Committee requests the Government to indicate the nature and impact of measures taken to prevent recourse to undeclared work in the domestic sector, notably of domestic workers from non-EEA countries. The Committee once again requests the Governmentto indicate the manner in which it is ensured that migrant domestic workers recruited for domestic work in Ireland receive a written job offer or contract of employment prior to crossing the border. It also reiterates its request that the Government indicate the laws, regulations or other measures that specify the conditions under which migrant domestic workers are entitled to repatriation on the expiry or termination of their employment contract.

Article 12(2). Payment in kind. The Committee notes the Government’s indication that domestic workers are not exempted or treated as a separate category of worker under Irish employment law and are therefore entitled to the national minimum wage. The Government refers to section 5.7 of the Code of Practice, which provides that an employer may make deductions from wages where the employee is provided with meals and/or lives in the place of employment. The Government indicates that if a worker receives board and lodging as part of his or her employment, the employer can deduct the value of this benefit from their wages. The Government adds that the deduction must be fair and reasonable, it must be stated in the contract of employment and the worker must be given written notice of the deduction. The Committee notes the Government’s indication that rates for board and lodging rates have continued to increase as a component of the national minimum wage. In this respect, the Government indicates that, as of 1 January 2022, the maximum deductions allowed for board and lodging were set at €0.94 per hour worked for board and €24.81 per week (or €3.55 per day) for lodging. The Committee takes note of the information supplied by the Government, which responds to the points previously raised.

Article 13. Effective measures to ensure the safety and health of domestic workers. The Government indicates that the rights of domestic workers in relation to occupational health and safety (OSH) protections are the same as for other workers. The Government adds that a health and safety concern by a domestic worker can be raised with the Health and Safety Authority (HAS) in the same manner as by other workers. It adds that the HAS published an information sheet on OSH in 2017 for employers and employees providing formal care for vulnerable elderly people in their own homes. The Committee nevertheless notes that the Government does not indicate whether or which employers’ and workers’ organizations were consulted on the development and implementation of OSH measures in relation to domestic workers. The Committee requests the Government to continue to provide detailed and updated information on the measures adopted or envisaged with a view to ensuring the occupational safety and health of this category of workers, with due regard for the specific characteristics of domestic work, in accordance with the Convention. It also reiterates its request that the Government indicate the organizations of employers and workers consulted with respect to the development and implementation of such measures.

Article 15. Private employment agencies. The Government indicates that the Employment Agency Act, 1971 requires all employment agencies to be licensed. It reports that that 820 Employment Agency licences were issued in 2021 (an increase of 12 per cent compared with 2020). The Government reiterates that the WRC carries out inspections to ensure that private employment agencies are operating in accordance with the provisions of the Act. The Committee nevertheless observes that the Government does not provide information on the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers, including migrant domestic workers. The Committee therefore reiterates its request that the Government provide detailed updated information on the number, the nature and the outcome of complaints brought concerning alleged abuses and fraudulent practices of private employment agencies in relation to domestic workers, including migrant domestic workers and au pairs.

Articles 16 and 17(1). Effective access to courts, tribunals or other dispute resolution mechanisms. Complaint mechanisms. The Government indicates that, in the event that an employer is alleged to be in breach of employment law, a number of enforcement options are available depending on the underlying legislation. Breaches involving employment records, the minimum wage, working without legal permission and failure to cooperate with a labour inspector may result in criminal prosecution. Breaches of working time, payment of wages, and other legislation can initially attract a Compliance Notice. A subsequent failure to remedy the violation may also result in criminal prosecution. In some cases, a fixed penalty notice may be issued in lieu of prosecution. The Committee notes the Government’s indication that domestic workers can make a confidential complaint to WRC inspectors, which will trigger an investigation. Alternatively, workers may choose to present a complaint to a WRC adjudicator. The Committee reiterates its request that the Government provide information on decisions rendered by courts of law or other dispute resolution mechanisms involving questions of principle relating to the application of the Convention.It also requests the Government to provide updated information on the number of complaints lodged by domestic workers with the various competent bodies, the penalties imposed on those responsible for violations, and the compensation granted, if any.

Article 17. Labour inspection and penalties. Access to household premises. The Committee notes the Government’s indication that the particularly vulnerable situation of domestic workers has been recognized by the WRC and enhanced procedures are in place in respect of labour inspections in the domestic work context. These procedures provide for the option of conducting the inspection or interview of the parties in a setting other than the private household; the provision of interpretation services as needed; the dissemination of multilingual cards with information on how to contact the WRC confidentially; and providing inspectors with training on how to detect indicators of human trafficking. The Government indicates that the Labour Inspectorate has been carrying out inspections in private homes since 2011. Between 2011 and 2021, 229 inspections involving 89 domestic workers were carried out, resulting in over €48,499 in unpaid wages being recovered for employees and significant awareness-raising of the rights of domestic workers (including au pairs) among the public. Nevertheless, the Committee observes that, according to information provided by the Government, while in 2021, labour inspectors concluded 7,687 workplace inspections, only two were related to domestic work (in both cases the employers were found to be non-compliant and €325 in arrears of wages were recovered for the employees). Moreover, the Government indicates that an inspection and awareness campaign is envisaged during 2022, covering persons who are directly employed by households. This action is aimed at the various occupations involved in household work, such as cleaning, childcare, dependent/elderly assistance, cooking, gardening, tutoring and au pairing. The Labour Inspectorate also assisted the Department of Foreign Affairs with the development of guidelines and procedures to ensure respect for the employment rights of private domestic employees working in diplomatic households. Noting the low number of inspections carried out in the domestic work sector, the Committee requests the Government to provide detailed updated information on the measures envisaged or taken to increase the number of labour inspections in the domestic sector. It also requests the Government to continue to provide updated detailed information, including statistical information, on the number of inspections carried out in the domestic work sector, the number and type of violations detected and the remedies granted.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see in particular articles 12 and 15 of the Convention below), as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Irish Congress of Trade Unions (ICTU) received on 9 October 2019. The Committee requests the Government to provide its comments in this respect.

Article 1 of the Convention. Definition of domestic work and domestic worker. In its 2017 direct request, the Committee requested the Government to indicate any measures taken to incorporate a definition of domestic work or domestic worker into Irish legislation. The Government indicates that Irish employment law does not treat domestic workers as a separate category and that its employment rights legislation applies to all workers who are working under a contract of employment, including legally employed domestic workers, who are defined under the Code of Practice for Protecting Persons Employed in Other People’s Homes (the Code of Practice). In its observations, the ICTU maintains that, as there has been no employment permit for the domestic work sector, some domestic workers, through no fault of their own, have found themselves classified as undocumented. It adds that clear and transparent mechanisms for undocumented domestic workers who are victims of exploitation and crime are needed as such workers are generally not willing to seek justice through state authorities such as the Gardaí or the Workplace Relations Commission (WRC), as they face risks of detection, detention and deportation. In this respect, the Committee notes the Government’s indication that, if workers – including migrant domestic workers – who are not legally entitled to work in Ireland can demonstrate that they took all reasonable steps to comply with the requirement to have a work permit, they can request the Minister for Business, Enterprise and Innovation to take a civil case for recompense under section 4 of the Employment Permits Amendment Act, 2014. The Committee notes that, when the WRC receives a complaint involving a person described as a domestic worker, it investigates to establish whether a person has statutory entitlements under employment law. The Committee further notes that the Government does not indicate whether a person who performs domestic work on an occupational basis, but does so only occasionally or sporadically is considered as a domestic worker. Recalling that, due to the particular characteristics of domestic work, specific attention should be given to providing a definition of domestic work in the national legislation, the Committee reiterates its request that the Government indicate any measures taken or envisaged to incorporate a definition of domestic work and domestic worker into the national legislation. It also reiterates its request that the Government indicate in what manner it ensures that persons who perform domestic work occasionally or sporadically, but do so on an occupational basis, are covered by the guarantees established in the Convention. The Committee also requests the Government to provide information on the manner in which it is ensured that migrant domestic workers, including those who may be undocumented, are informed of their rights to redress in the event of violations of their rights. In particular, the Government is requested to provide information on the number of cases brought by undocumented migrant domestic workers under section 4 of the Employment Permits Amendment Act of 2014 and the outcomes.

Article 3(2)(a). Freedom of association and collective bargaining. The Committee notes that the right of all workers to freedom of association are enshrined as fundamental rights in the Irish Constitution. The Government adds that it promotes collective bargaining through national law and the development of an institutional framework supportive of a voluntary system of industrial relations premised on freedom of contract and freedom of association. It indicates that it promotes the work of trade unions through providing grant aid to the ICTU. The Committee notes, however, that the Government does not provide information on any measures taken or envisaged in relation to domestic workers’ exercise of their freedom of association and collective bargaining rights, nor does it indicate the manner in which such rights are ensured in practice. Recalling that the particular characteristics of domestic work frequently make it particularly difficult for domestic workers to form and join unions, as well as to collectively bargain, the Committee reiterates its request that the Government indicate the manner in which domestic workers’ freedom of association and collective bargaining rights are ensured in practice. The Government is also requested to provide information on measures taken or envisaged to inform domestic workers and their employers of their rights and obligations under Article 3(2)(a) of the Convention.

Article 3(2)(d). Elimination of discrimination in respect of access to employment. In its previous comments, the Committee urged the Government to take steps to amend section 2 of the Employment Equality Acts 1998–2015 (EEA), which excludes “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons”, thereby permitting employers of domestic workers to make recruitment decisions on discriminatory grounds. The Committee notes the Government’s explanation that, while the exception set out in section 2 of the EEA applies to the recruitment process, once a domestic worker is employed, the protections of the EEA attach. The Government also refers to the Code of Practice, which encourages employers to implement non-discriminatory practices. The Committee refers to its 2018 observation in the context of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it noted that overly broad exceptions excluding domestic workers from protections against discrimination in respect of access to employment could lead to discriminatory practices against these workers, contrary to the provisions of Convention No. 111. The Committee pointed out that the right to respect for private and family life should not be construed as protecting conduct that infringes the fundamental right to equality of opportunity and treatment in employment and occupation. The Committee therefore once again urges the Government to take the necessary measures to amend section 2 of the Employment Equality Act to ensure that domestic workers are protected against discrimination in employment and occupation, including in respect of access to employment.

Article 5. Abuse, harassment and violence. In response to the Committee’s 2017 direct request, the Government indicates that, in the main, acts of violence are treated as a criminal matter that should be reported to the Gardaí. In addition, the Safety, Health and Welfare at Work Act, 2005 requires employers to eliminate workplace hazards, and applies to violence at the workplace. The Government indicates that all employees, including domestic workers, are protected against harassment at work under the EEA, and that the Unfair Dismissals Acts 1977–2007, provide for workers’ right to bring a claim for constructive dismissal in the event of being forced to leave their job due to bullying in the workplace. The Government indicates that migrant domestic workers who are victims of forced or compulsory labour receive the protections afforded to victims of human trafficking under the National Referral Mechanism. The Committee notes that, according to the “Trafficking in Human Beings in Ireland” annual report 2017, there were nine victims of trafficking for domestic servitude, all of whom were female. In its observations, the ICTU expresses concern regarding the lack of data on migrants, documented and undocumented, employed in the domestic sector. The Committee requests the Government to provide detailed information on the nature and impact of measures adopted to ensure that domestic workers, both documented and undocumented, are effectively protected against all forms of abuse, harassment and violence. The Committee also requests the Government to provide statistical data on the number of complaints of harassment, abuse and violence received by the various state authorities in the context of domestic work, their outcome, the penalties imposed on those responsible and the compensation granted.

Article 7. Information on terms of employment. The Committee notes that the WRC has published a guide to the “Employment Rights of Domestic Workers in Ireland”, which is available on its website in eight languages. Moreover, in the context of labour inspections involving migrant domestic workers, the WRC has produced multilingual cards with confidential contact details to be used by workers when they were unable to freely communicate with inspectors during the inspection, or if they wish to receive further information. The Committee notes that the WRC considers this to be especially useful in domestic work inspections. The Government indicates that the Citizens Information website includes information on the entitlements of citizens, including on the employment rights of domestic workers. Specialist non-governmental organizations, such as the Migrant Rights Centre of Ireland, also provide information, advocacy and outreach services to migrant domestic workers. The Committee recalls that the Code of Practice requires employers to supply their employees with a written statement setting out their terms and conditions of employment and that the employer may only require the employee to carry out the duties specified therein. The Committee once again notes that there are no provisions in the Code of Practice governing food and accommodation, where these are provided, the probationary (or trial) period, or repatriation. The Committee notes that Ireland does not have a statutory probation period and that probation is a matter of contract between the employer and the employee. The Committee reiterates its request that the Government indicate the measures taken or envisaged to ensure that domestic workers are informed of their terms and conditions of employment – especially the particulars enumerated in this Article of the Convention, including the provision of food and accommodation, the period of probation and the conditions of repatriation, if applicable – in an appropriate, verifiable and easily understandable manner, particularly in respect of migrant domestic workers mediated from abroad to work in Ireland.

Article 8(1), (2) and (4). Migrant domestic workers. Requirements of a written job offer. Repatriation. The Government indicates that citizens of the European Economic Area (EEA) employed as domestic workers in Ireland enjoy the same protections afforded to Irish citizens under national employment law. It also indicates that non-EEA nationals wishing to work in Ireland are governed by the Employment Permits Acts 2003–2014. Under this legislation, non-EEA nationals require a valid employment permit, or relevant immigration permission from the Minister for Justice and Equality to enable them to reside and work in Ireland without having an employment permit. The Committee notes, however, that persons recruited abroad for domestic work in Ireland are not eligible for an employment permit under the Irish system. The Government explains that Ireland’s general policy is to promote the sourcing of labour and skills needs from within the workforce of the European Union and other EEA States. Where specific skills prove difficult to source within the EEA, an employment permit may be sought in respect of a non-EEA national who possesses such skills. Domestic work is listed as an ineligible occupation for a work permit under the Irish employment permit system. In its observations on this point, the ICTU points out that the experience of migrant workers in some sectors has not been positive, either for migrants or for conditions in the sectors, referring to the atypical scheme in the fishing sector. It adds that any such scheme in any sector needs to be accompanied by flanking measures – such as enforceable sectoral norms, to protect the labour market. Regarding measures taken in cooperation with other ILO Members to ensure the effective application of the Convention, the Government indicates that the WRC Inspectorate is part of the EUROPOL EMPACT Labour Exploitation group and participates in EU-wide joint action days. The Committee reiterates its request that the Government indicate the manner in which it is ensured that migrant domestic workers recruited in one country for domestic work in another receive a written job offer or contract of employment prior to crossing the border that is enforceable in the country in which the work is to be performed, as required under Article 8 of the Convention. The Government is also requested to provide information on measures taken or envisaged to enable migrant domestic workers to be eligible to receive permits providing that they have complied with all other requirements under Irish legislation. The Committee also requests the Government to indicate the laws, regulations or other measures that specify the conditions under which migrant domestic workers are entitled to repatriation on the expiry or termination of their employment contract.

Article 12(2). Payment in kind. The Committee notes that the Low Pay Commission, in its report of May 2017, concluded that the allowances for board and lodging as a reckonable component for calculating the national minimum wage should be retained. Thereafter, the Government increased the board and lodgings rates in line with the percentage increase in the national minimum wage rate on 1 January 2018. In this respect, the Government indicates that, since 1 January 2019, the national minimum wage was increased to €9.80 per hour, as set out in the National Minimum Wage Order 2018. Since 1 February 2020, it was further increased to €10.10 per hour, as provided in the National Minimum Wage Order 2020.The Government indicates that, regarding the food and accommodation allowance, WRC inspections found that only 25 per cent of domestic employees interviewed lived in the employer’s house or premises. The Committee recalls that paragraph 14, subparagraph (d) of the Domestic Workers Recommendation, 2011 (No. 201), provides that “when provision is made for the payment in kind of a limited proportion of remuneration, Members should consider … ensuring that, when a domestic worker is required to live in accommodation provided by the household, no deduction may be made from the remuneration with respect to that accommodation, unless otherwise agreed to by the worker”. The Committee once again requests the Government to adopt the necessary measures to ensure that, when a domestic worker resides in accommodation provided by the household, no deduction is made from the worker’s remuneration with respect to the accommodation, unless otherwise agreed to by the domestic worker.

Article 13. Effective measures to ensure the safety and health of domestic workers. The Government indicates that the Health and Safety Authority (HSA) has not received any complaints in relation to domestic workers, nor has it investigated any occupational accidents in the sector. It also indicates that, the HSA consults the social partners when it develops guidance on the legislative requirements of the Safety, Health and Welfare at Work Act, 2005. The Committee notes the Government’s indication that there are currently no known organizations representative of domestic workers or of employers of domestic workers in Ireland. The ITCU expresses the view that the HSA could engage other interested organizations, such as Migrant Rights Centre Ireland’s (MRCI) Domestic Workers Action Group in this context. The Government indicates that the MRCI has not contacted the HSA, but stresses that any affected group may make a submission in relation to any measure proposed. The Committee reiterates its request that the Government provide detailed updated information on the nature and impact of measures taken to ensure the occupational safety and health of domestic workers, due regard being taken of the specific characteristics of domestic work. It requests the Government to indicate the organizations of employers and workers consulted with respect to the development and implementation of any such measures.

Article 15. Private employment agencies. The Committee recalls that private employment agencies are subject to inspection by WRC inspectors. The Government indicates that domestic workers can pursue a complaint against both the private employment agency and the end user (the household employing the domestic worker). The Committee notes that, between 2016 and 2018, WRC inspectors carried out a compliance campaign targeting 97 identified agencies dealing with placements of au pairs, which resulted in 16 of the agencies obtaining Employment Agency licences and 78 ceasing operations. The Committee notes that, in 2018, WRC inspectors carried out five domestic work inspections, one of which was found non-compliant. As a result, €1,200 in wage arrears were recovered for the employee. In 2019, WRC inspectors carried out 4 domestic work inspections and recovered €7,877 in wage arrears for the workers concerned. In its observations, the ICTU expresses concerns regarding the situation of au pairs in Ireland who, while they are recognized by the Government as domestic workers, are nevertheless depicted by au pair agencies as not having the status of workers and as a cheap childcare solution. The ICTU calls for a public information campaign initiated by the Government to inform the public that au pairs are covered by employment legislation. The Committee requests the Government to provide its comments in this respect. The Committee requests the Government to provide practical information on the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers, including migrant domestic workers.

Article 16. Access to justice. In response to its previous comments, the Committee notes the Government’s indication that the WRC has been involved in implementing two instances of redress under the “civil provisions” of the Employment Permits (Amendments) Act, 2014. The Committee notes that redress through the WRC and Labour Court involving domestic workers has been gained in a number of cases, which helped raise public awareness of the rights of domestic workers. The Committee requests the Government to continue to provide information on the functioning and impact of the redress and enforcement mechanisms available to domestic workers, including measures for inspection, enforcement and penalties, having due regard to the special characteristics of domestic work. It reiterates its request that the Government provide information on decisions rendered by courts of law or other dispute resolution mechanisms involving questions of principle relating to the application of the Convention.

Article 17. Labour inspection and penalties. Access to household premises. The Committee recalls that WRC inspectors have been carrying out inspections of domestic workplaces since 2011. The Government indicates that, between 2011 and 2016, 210 domestic work inspections were carried out, of which 95 were carried out in private homes and that, in 2018, five domestic work inspections were carried out. The Committee recalls that, under the employment and health and safety legislation, dwellings may be entered with the occupiers’ consent or with a warrant issued by the district court. The Government indicates that, to date, HSA inspectors have not used either of these options to enter a private dwelling for the purposes of inspecting, or investigating any complaint or incident relating to domestic workers. It also indicates that the HSA has not received any complaints regarding occupational safety and health matters in relation to domestic workers. The Committee requests the Government to continue to provide detailed information on the manner in which inspections are conducted in private premises where domestic workers undertake their work, including statistical information on the number of inspections, the nature of violations detected, and the sanctions imposed.

[The Government is asked to reply in full to the present comments in 2022.]

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The Committee notes the observations of the Irish Congress of Trade Unions (ICTU) received on 9 October 2019. The Committee requests the Government to provide its comments in this respect.

Article 12(2). Payment in kind. The Committee notes that the Low Pay Commission, in its report of May 2017, concluded that the allowances for board and lodging as a reckonable component for calculating the national minimum wage should be retained. Thereafter, the Government increased the board and lodgings rates in line with the percentage increase in the national minimum wage rate on 1 January 2018. The Government indicates that, regarding the food and accommodation allowance, WRC inspections found that only 25 per cent of domestic employees interviewed lived in the employer’s house or premises. The Committee recalls that paragraph 14, subparagraph (d) of the Domestic Workers Recommendation, 2011 (No. 201), provides that “when provision is made for the payment in kind of a limited proportion of remuneration, Members should consider … ensuring that, when a domestic worker is required to live in accommodation provided by the household, no deduction may be made from the remuneration with respect to that accommodation, unless otherwise agreed to by the worker”. The Committee once again requests the Government to adopt the necessary measures to ensure that, when a domestic worker resides in accommodation provided by the household, no deduction is made from the worker’s remuneration with respect to the accommodation, unless otherwise agreed to by the domestic worker.

Article 15. Private employment agencies. The Committee recalls that private employment agencies are subject to inspection by WRC inspectors. The Government indicates that domestic workers can pursue a complaint against both the private employment agency and the end user (the household employing the domestic worker). The Committee notes that, between 2016 and 2018, WRC inspectors carried out a compliance campaign targeting 97 identified agencies dealing with placements of au pairs, which resulted in 16 of the agencies obtaining Employment Agency licences and 78 ceasing operations. In its observations, the ICTU expresses concerns regarding the situation of au pairs in Ireland who, while they are recognized by the Government as domestic workers, are nevertheless depicted by au pair agencies as not having the status of workers and as a cheap childcare solution. The ICTU calls for a public information campaign initiated by the Government to inform the public that au pairs are covered by employment legislation. The Committee requests the Government to provide its comments in this respect. The Committee requests the Government to provide practical information on the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers, including migrant domestic workers.

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Article 1(1)(a), (b) and (c) of the Convention. Definition of domestic work and domestic worker. The Committee welcomes the Government’s first report on the application of the Convention. In relation to the definition of domestic worker, the Government refers to the Code of Practice for protecting persons employed in other people’s homes, which was produced by the Labour Relations Commission, in collaboration with the social partners. The Code defines employee for its purposes as a person who is employed in the home of another person, in accordance with the provisions of the Code of Practice for determining employment or self-employment status of individuals. The latter establishes a set of criteria to determine whenever a worker should be considered as an employee or as self-employed. The Committee observes that there is no definition of domestic work established in Irish legislation. It notes that because of the particular characteristics of domestic work, specific attention should be given to providing a definition of domestic work in the national legislation. It further notes that the Government does not indicate whether a person who performs domestic work on an occupational basis, but does so only occasionally or sporadically is considered as a domestic worker. The Committee recalls that, regardless of the type of contract held by workers providing domestic services, the definition of domestic worker laid down in Article 1 of the Convention excludes only persons who perform domestic work occasionally or sporadically and not on an occupational basis. The Committee requests the Government to indicate any measures taken or envisaged to incorporate a definition of domestic work in national legislation or collective agreements that is compatible with the Convention. It also requests the Government to indicate in what manner it ensures that persons who perform domestic work occasionally or sporadically but do so on an occupational basis are covered by the guarantees established in the Convention.

Article 3(2)(a). Freedom of association and collective bargaining. The Government indicates that the rights to freedom of association and collective bargaining of all workers, including domestic workers, are protected under Irish legislation. In addition, the Committee notes that section 5.12 of the Code of Practice for determining employment or self-employment status of individuals provides that “in accordance with Irish law, the employer shall not restrict the employee’s right to trade union membership consistent with the employee’s Constitutional right to join a trade union”. Nevertheless, the Government does not supply information on how domestic workers’ freedom of association and collective bargaining rights are ensured in practice. In this respect, the Committee recalls that the specific characteristics of domestic work, often involving triangular employment relationships, a high degree of dependence on the employer (especially in the case of migrant domestic workers) and the frequent isolation of domestic workers in their workplaces, are all factors that make it particularly difficult for domestic workers to form and join unions. Thus, protection of domestic workers’ freedom of association and collective bargaining rights take on special importance in the domestic work sector. Taking into account the particular characteristics of domestic work, the Committee requests the Government to indicate the manner in which domestic workers’ freedom of association and collective bargaining rights are ensured in practice.

Article 3(2)(d). Elimination of discrimination in respect of access to employment. The Committee refers to its 2013 comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), in which it noted that section 2 of the Irish Employment Equality Act excludes from the Act’s scope of application with regard to access to employment “persons employed in another person’s home for the provision of personal services for persons residing in that home where the services affect the private or family life of such persons”. On that occasion, the Committee pointed out that, in practice, the broad and non-exhaustive definition of personal services could appear to allow employers of domestic workers to make recruitment decisions on the basis of the discrimination grounds set out in section 6(2) of the Act. The Committee requests the Government to take the necessary measures to amend the relevant parts of section 2 of the Employment Equality Act, so as to ensure that there are no limitations on domestic workers’ right to be free from discrimination in employment and occupation.

Article 5. Abuse, harassment and violence. The Committee notes that the Government does not provide information on the specific measures taken or envisaged to ensure that domestic workers are effectively protected against all forms of abuse, harassment and violence. Recalling the specific characteristics of domestic work, especially in the case of migrant domestic workers and caregivers, who often work in isolated conditions and are highly vulnerable to abuse and exploitation, the Committee requests the Government to indicate the measures taken to give effect to this Article of the Convention. It also requests the Government to provide information, including statistical data disaggregated by sex, on the impact of such measures, as well as on the manner in which it is ensured that domestic workers are informed of the protections available to them under the national legislative framework.

Article 7. Information on terms of employment. The Government indicates that section 5.1 of the Code of Practice for protecting persons employed in other people’s homes establishes the obligation of the employer to supply to the employee a written statement of terms and conditions of employment, as required under the Terms of Employment (Information) Acts 1994–2011, that sets out: hours of work, rates of pay, duties, periods of annual leave, place or places of work, commencement date and details of rest breaks. In this regard, the Terms of Employment (Information) Act, 1994 sets out the minimum terms and conditions of employment that should be included in the statement, which should be given to the employee not later than two months after the commencement of the employment relationship. Moreover, section 5.3 of the Code of Practice provides that the employer may only require the employee to carry out those duties specified in the written statement of terms and conditions of employment. Additional duties may only be carried out where there is agreement between both parties. Section 5.4 of the Code of Practice establishes that “details regarding the place or places of work and travel to the place or places of work shall be included in the written statement of terms and conditions of employment”. However, the Committee notes that there are no provisions on food and accommodation, the period of probation or trial periods, nor on terms and conditions relating to repatriation. Furthermore, section 5.11 of the Code of Practice states that the “employer shall take all reasonable steps to ensure that the employee is aware of his or her statutory entitlements as an employee”. Finally, the Committee observes that the Government has produced an information booklet on the rights of domestic workers that is available publicly in multiple languages. The Committee requests the Government to indicate the measures taken or envisaged to ensure that domestic workers are informed of their terms and conditions of employment – especially the particulars listed in this Article, including the provision of food and accommodation, the period of probation and the conditions of repatriation, if applicable – in an appropriate, verifiable and easily understandable manner, particularly in respect of migrant domestic workers mediated from abroad to work in Ireland.

Article 8(1), (2) and (4). Migrant domestic workers. Requirements of a written job offer. Repatriation. The Government does not indicate whether there are provisions in the legislation that require migrant workers who are recruited in one country for domestic work in another, to receive a written job offer or employment contract stating the terms and conditions of employment, prior to crossing national borders, nor that establish the entitlement of migrant workers to repatriation on the expiry or termination of their employment contract. The Committee requests the Government to indicate the manner in which it is ensured that migrant domestic workers recruited in one country for domestic work in another receive a written job offer or contract of employment prior to crossing the border that is enforceable in the country in which the work is to be performed, as required under Article 8 of the Convention. It further requests the Government to indicate any measures taken in cooperation with other ILO Members to ensure the effective application of the Convention to migrant domestic workers. The Government is also requested to indicate the laws, regulations or other measures that specify the conditions under which migrant domestic workers are entitled to repatriation on the expiry or termination of their employment contract, where these exist.

Article 12(2). Payment in kind. The Government refers to section 5.7 of the Code of Practice, which establishes maximum daily and weekly deductions from wages where the employee is provided with meals and/or lives in the place of employment in amounts specified in the National Minimum Wage Act, 2000. These deductions are currently set at the following amounts: full board and lodging (€54.13 per week or €7.73 per day), full board only (€32.14 per week or €4.60 per day), and lodgings only (€21.85 per week or €3.14 per day). Furthermore, section 5.6 of the Code of Practice provides that any deduction from the employee’s wages shall only be made in accordance with the Payment of Wages Act, 1991. The Committee recalls that paragraph 14, subparagraph (d) of the Domestic Workers Recommendation, 2011 (No. 201), provides that “when provision is made for the payment in kind of a limited proportion of remuneration, Members should consider … ensuring that, when a domestic worker is required to live in accommodation provided by the household, no deduction may be made from the remuneration with respect to that accommodation, unless otherwise agreed to by the worker”. The Committee encourages the Government to adopt the necessary measures to guarantee that when a domestic worker resides in accommodation provided by the household, no deduction is made from the worker’s remuneration with respect to the accommodation, unless otherwise agreed to by the domestic worker.

Article 13. Effective measures to ensure the safety and health of domestic workers. The Government states that domestic workers are afforded the same protections established for all workers under Irish law. The Committee notes that, according to section 8(1) of the Safety, Health and Welfare at Work Act, 2005, the general duties of the employer include: ensuring the safety, health and welfare at work of his or her employees; managing and conducting work activities in such a way as to ensure the safety, health and welfare at work of all employees; and managing and conducting work activities in such a way as to prevent any improper conduct or behaviour likely to endanger employees. The Committee requests the Government to provide detailed information on the measures taken to ensure the occupational safety and health of domestic workers, due regard being taken of the specific characteristics of domestic work, as well as on the impact of such measures. It also requests the Government to indicate the consultations held in this regard with organizations of employers and workers and with organizations representative of domestic workers and those representative of employers of domestic workers, where these exist.

Article 15. Private employment agencies. The Government refers to the Employment Agency Act, 1971, which regulates the licensing and operation of employment agencies in Ireland. Section 7 of the Act provides that private employment agencies cannot charge any fee solely for agreeing to seek employment for another person or solely for agreeing to seek persons who will give or accept employment. The Government adds that private employment agencies are subject to inspection by Workplace Relations Commission (WRC) labour inspectors. In addition, the Workplace Relations Commission Act, 2015, permits the WRC to enter into administrative cooperation agreements with foreign statutory bodies on law enforcement matters and exchange information and provide assistance to those bodies. The Committee requests the Government to provide practical information on the investigation of complaints, alleged abuses and fraudulent practices concerning the activities of private employment agencies in relation to domestic workers, including migrant domestic workers.

Article 16. Access to justice. The Government states that all legally employed workers, including domestic workers, have equal and effective access to redress and enforcement mechanisms. It adds that domestic workers may submit their complaints regarding unfair treatment in the first instance to an inspector or WRC adjudicator, and lodge an appeal before the Labour Court, as appropriate. It adds that workers who work without an employment permit may, under the Employment Permits (Amendment) Act, 2014, institute civil proceedings to seek compensation for the work performed or services rendered. Where the court is satisfied that the foreign national took all steps as were reasonably open to him or her to regularize the situation, it may make an order granting compensation. The Committee requests the Government to provide information on the functioning and impact of the redress and enforcement mechanisms available to domestic workers, including measures for inspection, enforcement and penalties, having due regard to the special characteristics of domestic work. It also requests the Government to provide information on decisions rendered by courts of law or other dispute resolution mechanisms involving questions of principle relating to the application of the Convention.

Article 17(2) and (3). Labour inspection and penalties. Access to household premises. The Committee notes the Government’s indication that investigations of complaints regarding domestic workers have been integrated into the regular inspection regime. During the period 2011–15, 191 inspections were conducted and over €9,000 in wages were recovered. Violations identified were primarily in relation to the lack of employment records (102 cases). The Government refers to article 40.5 of the Irish Constitution, which provides that “the dwelling of a citizen in Ireland is inviolable and shall not be entered forcibly except in accordance with the law”. It indicates that, under the employment and health and safety legislation, dwellings may be entered with the occupiers’ consent or with a warrant issued by the District Court. The Committee requests the Government to provide detailed information on the manner in which inspections are conducted in private premises where domestic workers undertake their work, including statistical information on the number of inspectors, the nature of violations detected, and the sanctions imposed.