The link I provided to the UKBA says otherwise re: the WRS. I know the government are considering scrapping it but A8 migrant workers do still need to register.
"The Worker Registration Scheme was introduced in 2004 when new countries joined the European Union. It allows us to monitor where citizens of those countries (except Malta and Cyprus) are coming into our labour market, the type of work they are doing, and the impact this has on our economy.
You will normally have to register under the Worker Registration Scheme if you wish to work for an employer in the United Kingdom for more than one month and are a citizen of:
- Czech Republic;
- Estonia;
- Hungary;
- Latvia;
- Lithuania;
- Poland;
- Slovakia; or
- Slovenia."
Whether au pairs are an employee or not, well, they're being paid for providing a service so they are either a worker, employed or self-employed: guidance here. If they are just summer au pairs they could be considered workers but it's a very grey area. I take the view that their working hours and conditions are dictated by their employer therefore, legally, they are employed. As a governess I am: an employee, more specifically a live in domestic employee, and even more specifically a governess. An au pair is an employee (with all the rights of an employee), a live in domestic employee (exempt from NMW) and an au pair.
I compeletely agree it's still a cultural exchange - that's the motivation behind it for the au pair and, I hope, the family and we shouldn't forget that so all this legalese needs to be read within that context (but most people know that it's the idea of an au pair and they don't know the legal side). It's just so much safer to put the legal framework around it as well and it's easier to move from hard to soft over time than it is to go from softly softly to suddenly throwing the book at the au pair. I think it also shows a measure of respect for the au pair if you treat them like an adult, impress on them that it's a responsible job and let them know about their rights and responsibilities as well. Having worked abroad a fair amount I've always felt on surer ground when employers have sat down and explained: these are you rights in law, this is what the contract says (and here is a translation for you if necessary), this is how much you're paid, this is what you have to do, this is how much holiday you get, these are your hourse, this is what we pay on your behalf, this is what you get if you're sick.... It's never stopped me bonding with the family or benefiting from the experience of living in another country.
I think au pairs should have been treated like this before, certainly ones from the EU/EEA, but now the visa category has changed it's a good time to put the things people should have done before into practice but whilst maintaining the spirit of the exchange.