This Act sets out the provisions for the employment of foreign nationals in the State and repeals the Employment Permits Act 2003 and the Employment Permits Act 2006.
The Act prohibits the employment of foreign nationals except in accordance with an employment permit that is in force in respect of that foreign national. It sets out certain exemptions to this prohibition, including, inter alia, in respect of beneficiaries of international protection in the State, resettled and programme refugees, EU citizens, those with permission to remain in the State, and those with diplomatic privileges and immunities.
The Act sets out the purposes for which a permit may be granted under section 9(2) and details ten different types of permits:
- (1) critical skills employment permit,
- (2) dependant employment permit (for dependants of critical skills employment permit holders or of researchers under Directive 2005/71/EC),
- (3) general employment permit,
- (4) intra-company transfer permit,
- (5) contract for service employment permit,
- (6) reactivation employment permit,
- (7) exchange agreement employment permit,
- (8) sports and cultural employment permit,
- (9) internship employment permit, and,
- (10) a seasonal employment permit.
The dependant employment permit and seasonal employment permit are new types of permits.
The Act introduces a seasonal employment permit, which allows a foreign national to work for a maximum of seven months in a 12 month period in a seasonally recurrent employment. It sets out provisions to designate employers as ‘approved seasonal employers’. An employer must apply to the Minister, who shall consider the application with regard to a number of different factors. A person can be approved as a seasonal employer for a 12 month period and they are issued with a certificate as an approved seasonal employer. A register shall be maintained of approved seasonal employers and shall be published in a manner the Minister considers appropriate. An application can be refused where the employment is not a seasonally recurrent employment, the employer has failed to comply with regulations on a previous occasion, the employer has not made appropriate arrangements to provide accommodation or health insurance should the employee require medical treatment during the period for which they are in the State, or the employer had fewer employees than what was prescribed, a lower turnover than what was prescribed, or a lower balance sheet total than what was prescribed in the financial year immediately prior to the application.
The Act sets out provisions for applications for and grants of employment permits, with specifications for each type of employment permit and details on conditions and restrictions for permit holders. Different from previous legislation, with regard to the Labour Market Needs Test, employers are not required to advertise in a national newspaper and can place an adverts solely online.
In terms of changing employers, under section 27, the Act provides a change of employer for foreign nationals who hold a general employment permit or a critical skills employment permit where a prescribed period has elapsed. The prescribed period is defined in the related regulations. The change can be applied for so long as the permit is valid and it will remain in force for at least two months from the application to change employer. A new employment permit application is not required and the same period of validity of the permit applies. For General Employment Permits, the individual can apply to change employer within the type of employment for which they have been granted employment, for critical skills employment permits, they can apply for a broader range of related roles. Under section 29, an application can be made to change approved seasonal employer, so long as the permit is valid and will remain in force for at least three weeks from the application.
Provisions are made for non-consultant hospital doctors for two year multi-site general employment permits who take up six-month employment contracts in different locations.
Provisions are also made for mandatory and discretionary grounds for refusal of employment permits, for the renewal of employment permits and the periods for which they can be renewed, for the cessation of an employment permit, including inter alia, through revocation and termination of employment, and for redundancy for critical skills employment permit and general employment permit holders to apply for an employment permit up to six months after they are made redundant.
The Act also includes various prohibitions and has a civil procedure for foreign nationals who were employed in the State without an employment permit and seek to recuperate moneys owed.
Lastly, the Act provides for the making of Regulations for the specifics of employment permits, such as the numbers issued or minimum remuneration. On remuneration, the Act requires the Minister to annually review the minimum remuneration amounts, with regard to the average weekly earnings published by Central Statistics Office and to index minimum remuneration amounts to this mean.
