Where can I find more information in relation to my situation as a domestic worker?

The Industrial Relations Act 1990 (Code of Practice for Protecting Persons Employed in Other People’s Homes) (Declaration) Order 2007 introduced a code of practice setting out the current employment rights and protections for persons employed in other people’s homes. This code provides:

 

  • for the obligation to provide a written statement of terms and conditions of employment as required under the Terms of Employment (Information) Acts 1994 and 2001
  • for the safeguarding of privacy
  • that the employer will not keep any personal document belonging to an employee
  • for the treatment of accommodation and making of any deductions from wages
  • that all additional duties will be by prior agreement only and out-of-pocket expenses will be reimbursed promptly
  • that the employer will facilitate the employee in the free exercise of personal pursuits
  • that the employer will not restrict the employee’s right to trade union membership

I am told that because I am a domestic worker I am not an employee, is this correct?

The test as to whether a person is an employee or not is generally established by reference to the provisions of existing employment legislation and contract law. This test can arise in a number of situations and it is not the tile that has been placed on a worker that decides whether they are an employee or not.

I am a domestic worker. What employment rights do I have?

Domestic workers have the same protection under Irish employment legislation as all other employees