Caritas Denmark - Au Pair Policy

AU PAIR POLICY

Caritas Danmark

TABLE OF CONTENTS Introduction 3 Summary of Caritas’ position 4 The history of the au pair scheme Who is the au pair today?

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Motivation 7 The vulnerable position of au pairs

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Caritas’ experience 9 Should we have an au pair scheme? 10 Proposals for improvements in the current situation

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Sources 13

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INTRODUCTION Each year about 2000 young people come to Denmark as au pairs. The majority have a fine stay in Denmark. However, some au pairs experience temporary conflicts with their host families. They feel they face the challenges alone, and they often need advice, support and help to meet these challenges. It is important that au pairs know their rights and know the legislation concerning this area. Since 2011, Caritas has worked with au pairs and their conditions through the Centre for Au Pairs (CAP). Furthermore, since 2013 the Danish trade union Fag og Arbejde (FOA) and Kirkernes Integrations Tjeneste (KIT) have headed the Au Pair Network (APN), which Caritas Denmark joined in 2014. On the background of Caritas’ experience with au pairs, the purpose of this policy paper is to state our fundamental position as far as the au pair scheme is concerned, and to propose improvements.

The board of Caritas Denmark approved this policy paper in 2016.

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SUMMARY OF CARITAS’ POSITION In principle, Caritas Denmark is of the opinion that the au pair legislation scheme should be discontinued, due to the problems that the scheme is potentially creating for au pairs, and because, in Caritas Denmark’s view, a possible need for help with domestic chores in the host families should be handled through other arrangements which are already known or can be established in the service sector. This would ensure that employees have the same rights as other wage earners in Denmark.

Proposals to improve the scheme: 1. Host families should be approved and prepared in the best possible way for their role as host family.

2. Au pair contracts should be managed by approved Danish organisations who must ensure that au pairs and host families have access to relevant knowledge, prior to the signing of an au pair contract and until the termination of the contract.

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3. On arrival in Denmark, au pairs must attend a compulsory introductory meeting.

This is to ensure that they receive the relevant information and knowledge of their rights.

4. In order to strengthen the au pair’s position and ensure that the stay takes place on equal terms with the host family, the residence permit must be independent of the contract with the host family.

5. Au pairs must have two agreed days off per week, one free weekend per month and must have the right to accumulate days off.

6. The au pair scheme must be a natural fit to the applicant’s life situation. It is thus relevant to reduce the age limit from 30 to 25 years.

7. An au pair who during her stay is or becomes pregnant, may continue her au pair contract until her natural ”maternity leave”, or as long as it is possible for her to work.

THE HISTORY OF THE AU PAIR SCHEME The term au pair means ”on equal terms”. The term was originally used about young girls who took part in the housekeeping in the homes of the French bourgeoisie. As from the end of the 19th century, domestic work constituted the main occupation of many women. At the beginning of the 1950s, this type of domestic work decreased. Organised and privately paid domestic work in private homes was on the decline, following the growth of the welfare state and women’s expanding access to the labour market.

The framework of the au pair scheme is rooted in the Council of Europe’s au pair convention of 1969, approved by Denmark’s Foreign Ministry in Executive Order of 20th January 1972. The purpose of the arrangement is for the au pair to improve language and/or professional skills as well as broaden his/her cultural horizon by becoming more acquainted with Denmark1.

The au pair scheme in Denmark has not always been without problems. From 1998-2010 the Philippine government issued a ban for its ci-

tizens on au pairing in Europe, a ban that Denmark ignored. This happened after a media debate on cases of abuse, discrimination and prostitution in Holland and Scandinavia. In response to the ban by the Philippine government, the Danish Integration Minister said in 2008 that Philippine citizens were being refused to take ”au pair jobs” and au pair labour”. This characterisation of au pairs as being in jobs, as part of the work force is interesting, since, according to the au pair Convention of the Council of Europe, au pairing is described as cultural exchange.

are: • The monthly pocket money amount was raised to DKK 4000.

On 1st July 2015, the former government (Socialdemokraterne and Radikale Venstre) together with Dansk Folkeparti, the Socialistisk Folkeparti, and Enhedslisten entered into an agreement to improve the au pair scheme. Venstre, Konservative and Liberal Alliance chose not to join this agreement. The agreeing parties decided to improve conditions for au pairs in Denmark.

With these changes and improvements of the au pair scheme, the scheme today begins to resemble an employment contract. The pocket money amount is considered as pay by the tax authorities, and au pairs are more or less covered by the same wage and holiday rules as other wage earners. However, au pairs are far from having the same conditions and rights as ordinary wage earners in Denmark, such as the right to social benefits, maternity leave etc.

Some of the improvements in the agreement

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he au pair has a right to one and a half days off work per week, and the right to take all public holidays off.

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The host family must pay the au pair’s travel expenses into and out of the country.

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The period of notice by the host family was increased from two weeks to one month.

1 https://www.nyidanmark.dk/da-dk/Ophold/au_pair/au_pair.htm

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WHO IS THE AU PAIR TODAY? Figures from the Danish Immigration Service show that in 2014, 1,908 residence permits were issued for au pairs. The figures show that the Philippines accounts for the vast majority of 82% of all au pairs in Denmark. As far as the education level of au pairs is concerned, the study Au pair in Denmark: Cheap labour or cultural exchange?

(2008), by Helle Stenum, shows that their level of education is very high. 17 out of the 24 au pairs interviewed here had finished or partly finished an advanced education programme. Their educational backgrounds range from university degrees in literature and languages, veterinarian, graduate engineer, accountant, biologist, midwife, nurse, teacher, bookkeeper etc. A report from SFI (The National Research Centre for Welfare), The Danish Au pair scheme (2013), as well as the study Au pair and human trafficking?

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(2010) by Trine Mygind Korsby, confirm the high level of education. Korsby interviewed 27 au pairs, of which two thirds had completed or partly completed an advanced education programme within areas such as the IT sector, economics, accounting and farming as well as teachers, office assistants and nurses.

Furthermore, the study by Stenum shows that 5 out of the 24 au pairs interviewed had children of between 1 and 4 years to support. Korsby’s study points out that the majority of the au pairs interviewed are responsible for providing for e.g. a sick parent, or for paying school fees for their siblings. The au pair of today is thus typically a mature and educated young woman from the Philippines who goes to Europe to be able to support (part of) her family.

MOTIVATION According to the SFI report The Danish au pair scheme (2013), many Filipina au pairs are motivated by the possibility of making money in Denmark.

The pocket money for au pairs in Denmark, for instance, is a much higher amount than what a nurse or a schoolteacher can make in the Philippines. Many Filipina au pairs see the au pair scheme as a chance to support their family, which for some means paying for their siblings’ education. It is also important, however, to point out that the financial motivation does not rule out that many au pairs feel attracted by the chance for cultural exchange, travelling, and having new experiences.

As to the host families’ motivation for employing an au pair, several Danish host families mention in the report that they have had various types of help in their homes such as grandparents, weekly cleaning help, a local young person to pick up children from institutions etc.

These types of help may cost money, and the families’ considerations regarding employing an au pair become relevant. For the host families it becomes a calculation of how much more an au pair would cost and what help an au pair can offer. Several host families mention the flexibility of au pairs in their everyday lives as an advantage.

The need for flexibility is highly prioritised by the host families, and neither a weekly housekeeper nor grandparents can offer that.

The table from the SFI-report2, outlines four different types of au pair stays from a motivational point of view. When both the host family and the au pair have the same expectations of the stay and are motivated to commit themselves positively in the lives of each other, the table shows that relations between the parties are more horizontal and equal.

Figure 1.1 – Model of different types of au pair stays, seen from a motivational point of view

AU PAIR: Stay for more than the sake of money

HOST FAMILY: Au pair stay for more than domestic work

AU PAIR: Stay for the sake of money

B: The host family may find

A: Good for both par- that the au pair withdraws. ties. Horizontal relation The host family may try to educate the au pair to may be prevailing in greater participation in the daily interaction. life of the host family.

HOST FAMILY: Au pair stay for domestic work

C: The au pair feels poorly treated but may have the resources and courage to change to a new host family.

Other researchers point out that the picture of motivation has more aspects to it, particularly for Filipina au pairs. For them it is often the case that working abroad earns them respect and improved status at home, so that both personal development and a social ad-

D: The au pair feels poorly treated but may lack the resources and courage to change host families.

vantage is gained. Thus the financial motivations and cultural exchange motivations cannot be separated entirely. The question may be asked, however, if the social advantage does not also constitute a kind of currency that au pairs are under pressure not to lose.

2 Liversage m.fl., 2013:22-23.

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THE VULNERABLE POSITION OF AU PAIRS Some au pairs find themselves in a vulnerable and weak position in Denmark. The relationship with the host family defines the au pair as both a ”family member” and an employee under a contract with a termination date. Au pairs with heavy financial obligations are often in a more vulnerable position: If the au pair or his or her family back home need the money badly, they may be less likely to object to unreasonable treatment or demands for fear of losing their residence permit and income.

The au pair’s position is also vulnerable because they live at their ‘workplace’. Migration researcher Helle Stenum describes this position as the ”au pair trap”: 1) The residence permit is tied to the host family, 2) there is a live-in obligation in the home of their ”employer” and 3) au pairs have no work permit, so whether the stay is successful or characterised by conflict, au pairs are ”trapped” as ”marginalised temporary migrants”3.

3 Stenum, 2011:178-179.

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CARITAS’ EXPERIENCE In 2011, Caritas began a cooperation with St. Anne’s Church in Copenhagen with the aim of preventing social problems among au pairs.

Through the youth group SAYA, the parish was in contact with about 300 au pairs, primarily from the Philippines, and had encountered problems such as culture shock, loneliness and physical and mental abuse in the host families4.

Caritas and the parish set up the Centre for Au Pairs (CAP), a meeting place that offered advice, guidance and supporting a social community. The CAP concept was then extended to 12 towns in the rest of Denmark. One important experience from this is that a multi-faceted effort is necessary: The au pair stays are part of a larger picture involving family relations, immi-

gration, and integration.

From 2013, KIT and FOA’s counselling service has documented the enquiries they receive from au pairs and host families. This gives a general picture of the help needed. A large majority of the enquiries to the counselling service concern contracts (59 % in 2014) and questions about visa and residence (54 % in 2014)5. The cases that FOA’s case attendants handle are mostly about financial matters, for instance non-payment of holiday pay or withheld pocket money. As per 2015, the case attendants report a decrease in the number of ”difficult” cases, but an aggravation of the nature of the cases, for instance sexual assaults and violence.

Through the joint project APN, Caritas has expanded the number of volunteers through a network of mostly Philippine organisations, and invited the target group to describe their situation themselves. On a very general level, a picture emerges of two different groups: One group, which is by far the largest, sees the au pair stay as part of a working life outside of the home country and, to a certain extent, accept the shortcomings of the au pair scheme when compared to an employer-employee-relationship as a calculated risk. The other group uses the arrangement in the ”classical” sense, as a chance of cultural exchange – but for the majority, this purpose is a secondary one.

4 Kilde: Project document, CAP 2011 5 FOA: Overview of enquiries to the au pair-counseling in 2014, s. 5. One enquiry can have multiple topics, which is why the total does not amount to 100 %.

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SHOULD WE HAVE AN AU PAIR SCHEME? As pointed out earlier, most au pairs experience a good stay in Denmark without major problems with their host families. This applies to all au pairs, whether their motivation is primarily financial or based on a wish of a cultural exchange visit.

But due to the fact that the main motivation for both au pairs and host families is a financial one – the host families’ wish for cheap labour and the au pairs’ wish to make money and thus be able to support family members in their home country – the fundamental question should be asked whether it is a goal in itself to secure cheap labour for families’ domestic chores without the employees (au pairs) having the same rights and working under the same conditions as other workers in Denmark?

CARITAS DENMARK’S POSITION: Caritas Denmark does not find it crucial that Danish families should have this extraordinary option, since the option of buying services relating to housework, childcare etc. already exists.

On the contrary, the present arrangement and practice has a number of problems built in, as the cultural exchange aspect generally ranks below the financial aspect. Loneliness and isolation is a problem. Another problem is that, despite the rules, many au pairs have children in their home countries, from whom they become separated. Pregnancy and

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boyfriend/girlfriend relationships as reasons for ”firing” the au pair and send her or him home are most problematic, although the cases are relatively few.

Relationships with a view to marriage later on are an understandable strategy for some au pairs in order to be able to stay in Denmark as immigrants. This strategy may lead to a happy conclusion, but certainly, the opposite is also possible.

As far as pregnancy is concerned, many pregnant au pairs find themselves alone with their pregnancy. They find their host family terminating their contract and the father of their child not acknowledging his responsibility. The rules for au pair contracts state that the au pair must not be in a permanent relationship, must not have children etc. These rules do not apply to general employment contracts in Denmark, so here au pairs find themselves in a very vulnerable situation.

With the au pair scheme being what it is today, Caritas Denmark finds it difficult to secure au pairs’ rights since the au pair contract is not defined as an employment relationship, but as cultural exchange of limited duration. Caritas Denmark therefore holds the fundamental opinion that the legislation should be discontinued, because of the problems the arrangement

potentially create for au pairs, and because, in Caritas Denmark’s view, any need that the host families may have for help with domestic chores should be met through other arrangements that already exist or can be established in the service sector. This would ensure that employees have the same rights as other wage earners in Denmark.

PROPOSALS FOR IMPROVEMENTS IN THE CURRENT SITUATION The situation, however, is that a large majority of the members of the Danish Parliament want to keep the au pair scheme. Therefore, Caritas Denmark sees it as its task to work towards targeting and improving the arrangement, in order to secure better conditions and rights for au pairs with regards to approval of host families, provision of au pairs, support for pregnant au pairs and focusing the scheme on a target group of young people who are less established with regard to education and perhaps family.

1. Screening and preparation of host families The approval and preparation of host families must be handled by government-approved Danish organisations. Au pairs should not be left alone with problems with their host families’ housing situation, understanding of domestic chores and general aspects of the au pair contract CARITAS DENMARK’S PROPOSAL: Host families must be approved and prepared in the best possible way for the task of being a host family. The host family must be approved by submitting an information form regarding various actual conditions such as housing situation (room for the au pair), income etc. Next, the host family must attend a compulsory and preparatory meeting where they will be informed of the relevant rules concerning au pairs and of what, based on research etc., we know about

potential problems with au pair stays in Denmark. As a final step, an individual conversation with the host family and a visit to their home can lead to an approval of the host family.

ly. The provision of au pairs through approved organisations will contribute to the rules being observed and to the necessary documentation being included in the application process.

2. Mediation through approved Danish organisations The mediation and matchmaking for au pair contracts must be manged by government-approved Danish organisations, which must ensure that both au pairs and host families have access to relevant knowledge, from before the signing of an au pair contract until the termination of the contract. The mediation through approved Danish organisations should contribute to a positive start of the au pair stay for both parties and prevent misunderstandings, loneliness and social problems. In Caritas Denmarks’ experience, many au pairs call for a socalled third party to provide and check the au pair contract. The experience of many au pairs is that their contracts are not fulfilled, and that there is no supervision concerning e.g. compulsory insurance. The organisation should be responsible for handling the au pair contract and for ensuring that the rules are observed.

The approved Danish organisations must be responsible for convening and holding an introductory course: A preparatory course for the host family about approval as a host family and the application process, as well as a preparatory course for the au pairs about their rights and information about Denmark.

CARITAS DENMARK’S PROPOSAL: The provision of the au pair contract must be managed by a government-approved Danish organisation. This organisation must manage the tasks regarding the au pair contract and act as a link between the au pair and the host fami-

A follow-up interview must then be arranged, with the attendance of both host family and au pair. This follow-up talk must take place three months after the stay has begun. The purpose is to prevent conflicts and ensure that both parties have received and understood the rules.

The organisations managing au pair contracts must cooperate with the relevant authorities in the au pair’s home country and other relevant countries, to prepare the au pair and make his or her transition between the countries smooth.

3. Improved introduction to Denmark for au pairs Many au pairs need information regarding the au pair scheme and their contract during their stay.

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CARITAS DENMARK’S PROPOSAL: Au pairs must attend a compulsory introduction meeting after arrival in Denmark, in order to ensure that they get the relevant information and knowledge of their rights. The meeting must be held within the first three months of the au pair’s stay in Denmark and must be about Denmark and about their rights. Au pairs will attend the course together with other au pairs and receive information and guidance.

4. Au pairs’ residence permit Today, an au pair’s residence permit is tied to the host family, so that the au pair is dependent on the family at a basic level. An au pair who is given notice by his or her host family will lose not only a place to stay, but also his or her residence permit.

CARITAS DENMARK’S PROPOSAL: Au pair residence permits should be made independent of the contract with host families, both in order to strengthen the position of the au pair and to ensure that the au pair’s stay is more on equal terms with the host family.

5. Free time The au pair scheme must provide better opportunities for spare time and free weekends, for au pairs to be able to improve their language and professional skills and expand their cultural horizon, stated as the purpose of the scheme. Au pairs also ask for better opportunities for cultural exchange and volunteer work.

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CARITAS DENMARK’S PROPOSAL: Au pairs must have two agreed weekly days off, one weekend per month off and the option of extending the free time by accumulating days off.

6. Life perspective The au pair scheme should target young people who have not completed advanced education and who have not established themselves on the labour market or started a family. The au pair stay must have a natural fit to the life situation of the young person applying. It is therefore relevant to lower the age limit from 30 to 25 years. A lowering of the age limit will make the au pair stay more meaningful in relation to the applicant’s life perspective, making room for choice of education, work and/or family relations. The au pair scheme must continue to contribute positively to the life of the young person as a step towards exchanging and acquiring a broader perspective of language and culture. The au pair scheme should not target young people who have already started a family, as it could reduce the capacity for taking an active part in family life and potentially disrupt the family.

CARITAS DENMARK’S PROPOSAL: The age limit is lowered to 25 years. The applicant must not have completed advanced education or be established on the labour market, since it would then be more natural to enter the

labour market.

7. Au pairs and pregnancy Caritas wishes for further protection of pregnant au pairs and their pregnancy. Pregnant au pairs should not be subject to immediate termination of their contract. Instead, a decision period must be made available for the au pair to prepare her better for returning home and for her future life as a mother. According to the current au pair scheme, an au pair who is or gets pregnant can continue her contract with her host family if both parties wish for it. If the host family does not wish to continue the au pair contract, the au pair will lose her residence permit and go home. As it is, the au pair scheme still leaves it to the host families to decide about the au pair’s residence permit. Because of the au pairs’ vulnerable position, this may result in a negative pressure to make hasty decisions such as having an abortion.

CARITAS DENMARK’S PROPOSAL: An au pair who during her stay is or gets pregnant is allowed to continue her contract until her natural ”maternity leave”, or as long as it is possible for her to work. This will create a space for making decisions with more time and stability for the au pair, thereby creating an opportunity to better prepare for the journey home and for her future life as a mother. This will also reduce the pressure to make hasty decisions.

SOURCES Reports and surveys Dalgas, Karina Märcher 2015. “Becoming independent through au pair migration: self-making and social re-positioning among young Filipinas in Denmark”, Identities: Global studies in Culture and Power, 22:3, 333-346 Grunnet, Henrik. 2015. Tal og fakta på udlændingeområdet 2014. Udlændingestyrelsen.

Korsby, Trine Mygind. 2010. Au pair og menneskehandlet?- Rekruttering, ophold i Danmark og drømme om fremtiden. Center mod menneskehandel.

Liversage, Anika, Bille, Rebekka & Jakobsen, Vibeke. 2013. Den danske au pair-ordning. En kvalitativ og kvantitativ undersøgelse. SFI. Nyidanmark.dk. Besøgt siden d. 13.11.15. http://www.nyidanmark.dk/da-dk/Ophold/au_pair/au_pair.htm Stenum, Helle. 2008. Au pair i Danmark: Billig arbejdskraft eller kulturel udveksling. FOA. Stenum, Helle. 2011. Migration management at the margins. Transnationalized and localized government of marginalized migrants in Denmark. Aalborg Universitet.

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Caritas Au Pair Policy: Caritas Danmark Gl. Kongevej 15,3 1610-DK Copengahen V 2016 Tel: 38 18 00 00 E-mail: caritas@caritas.dk

Caritas Danmark