EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

EMPLOYMENT PERMITS ACT 2024 SIGNED INTO LAW

The Department of Enterprise have now announced that the Employment Permits Act 2024 will come into effect from Monday, 2nd September 2024.

The new Act consolidates and updates employment permit law, which had previously been scattered across various Acts. The Act repeals the Employment Permits Act 2003 and the Employment Permits Act 2006, as well as the Employment Permit Regulations 2017. An information note on the key changes is available at https://enterprise.gov.ie/en/publications/publication-files/employment-permits-act-2024-information-note-on-key-changes.pdf.

CHANGES TO THE LABOUR MARKET NEEDS TEST (LMNT)

The criteria requiring employers to place adverts for vacancies in print media (newspapers) has been removed. The requirement to publish an advertisement with the Department of Social Protection Employment Services/EURES employment network for a minimum of 28 days (continuously) continues.

The new LMNT criteria require the applicant to publish the vacancy notice both with the Department of Social Protection JobsIreland/EURES online employment services, and on a second online platform for 28 days also. These online platforms can be any electronic system for the online publication of information that are easily accessible by Irish/EEA citizens including websites, software or any other electronic technology that provides for the online publication of information. Online platforms can include newspaper websites or dedicated employment websites. Any website, software, or electronic technology that provides online publication of information, with the principal purpose being to publish offers of employment, is eligible.

Both notices placed with the Department of Social Protection Employment Services/EURES employment network and on the additional second online platform must contain the following information:

  • a description of the employment
  • the name of the employer
  • the minimum annual remuneration
  • the location/s of employment
  • the hours of work

Our understanding currently, subject to the publication of the new Regulations in this matter, is that applications for employment permits must be made within 90 days from the day in which the Department of Social Protection notice was first published.

SEASONAL EMPLOYMENT PERMITS

The new Seasonal Employment Permit is a short-term employment permit for a non-EEA national to work for a maximum of 7 months per calendar year in a seasonally recurrent employment. The Permit will be first introduced under a limited pilot scheme for horticultural workers later this year, with the intention that it will commence in early 2025. There will be a requirement for employers to become registered as approved seasonal employers and to obtain annual pre-approval. There will be a prescribed minimum number of employees, turnover, and balance sheet total for the previous year for prospective seasonal employers. Seasonal employers will also need to provide accommodation and appropriate health insurance for their seasonal employees.

REVOCATION OF EMPLOYMENT PERMITS

A new provision also requires that a permit holder must commence employment within a period of six months from when the permit is granted or comes into force. This new requirement may have serious consequences for holders of employment permits who are visa-required but who are experiencing significant delays in the employment visa process.

There is no explicit confirmation that the employment permit will be cancelled if not taken up within 6 months, but that seems to be the clear implication from the legislation. The view of our office is that this is quite concerning for visa-required employment permit holders who may be unable to take up their permits within 6 months due to delays.

CHANGING EMPLOYER WITHIN THE SAME TYPE OF ROLE

The new Act allows employment permit holders to change employer by application to the Minister after a period of 9 months on their permit has elapsed (but before 22 months has elapsed) without the need to apply for a new employment permit or conduct a new Labour Market Needs Test. The permit will continue to last only for its initial duration.

Please note that this only applies to General Employment Permit holders seeking to change employers for the same type of role (identified by its 4-digit SOC code), or Critical Skills Employment Permit holders seeking to change employers within the same category of role (identified by its 3-digit SOC code). For example, a meat processing operative holding a General Employment Permit can move to another meat processing role, or an engineer holding a Critical Skills Employment Permit can move to another engineering role.

The following conditions apply to the change of employer process:

  • The maximum number of applications for change of employer that may be granted to a permit holder has been set at three.
  • A new contract of employment signed by both the new employer and employee is required to be submitted.
  • The employee is required to commence employment with the new employer within one month of the new permit being issued. It is important to note that the new employment cannot be commenced until the employment permit has been reissued.
  • A change of employer request form will be available for the new employer and employee to sign and submit through a dedicated email address.

PROMOTION OR INTERNAL TRANSFER IN THE ROLE

Where an employment permit holder has been granted a promotion in the same company, the Act includes a provision to allow for this where a permit holder would use the same skills and the employment remains eligible, without having to apply for a new employment permit. The situation will be assessed on renewal.

CHANGING EMPLOYERS TO ANOTHER TYPE OF ROLE OR A NEW ROLE WITH THE SAME EMPLOYER

The Employment Permits Act 2024 allows employment permit holders to apply for a new employment permit for a new type of role, whether with their current employer or a new employer, after a period of at least nine months.

The legislation provides discretion to grant prior to the nine-month period in cases evidencing a change of circumstances or instances of exploitation.

MINIMUM ANNUAL REMUNERATION

The new Act requires the Minister to carry out a yearly review on average weekly earnings in Ireland to calculate increases in the minimum annual remuneration for employment permits. This is likely to mean increases in the minimum annual remuneration for employment permit holders on an annual basis in line with increases in the average wage in Ireland. Our advice is that employers should start planning in anticipation of the new figures being announced. Please note that these increases will also apply to renewals, where the initial permit may have been applied for on the basis of a lower salary.

If you or your employer have any queries regarding the new employment permit rules, please do not hesitate to contact us.

This blog article has been prepared on the basis of current immigration law and policy, which is subject to change. Please keep an eye on our blog and Facebook page where articles relating to updates and changes in immigration law and policy are regularly posted.