The Employment Permits Act 2024 was enacted on the 2این ڈی of September 2024. The new Act is the most significant change to the Irish employment legislation and landscape in recent years. The purpose of the Act is to consolidate and modernise the Irish Employment Permit system bringing it in line with modern day employment practices.
The key changes of the Act are as follows:-
1. Labour Market Needs Test
The Labour Market Needs Test is an important component of the General Employment Permit application save in limited exceptional circumstances.
Previously the Labour Market Needs Test involved advertising the role in a newspaper and certain online platforms. The Act removes the requirement to advertise in print media. Employers can now advertise the role on a digital platform, one of which is the European Employment Services (EURES) Network and a second digital platform for at least 28 days. The digitalisation of the Labour Market Needs Test reduces the cost to employers when advertising the role and makes the process much more efficient in general.
2. Introduction of a Seasonal Employment Permit
The Seasonal Employment Permit, which is expected to be trialled in 2025, will be introduced to counteract seasonal labour requirements in the Agriculture and Horticulture sectors. Whilst further information is awaited on the seasonal permit, workers will be eligible to be granted an employment permit for up to seven months each calendar year.
3. Change of Employer
Employment permit holders (General Employment Permits and Critical Skills) can now change their permit to a new employer after nine months of employment.
Holders of Holders of General Employment Permits can apply to change employer for the same employment which they were granted the original permit, for example a Health Care Assistant could move to another Health Care Assistant role.
The holder of a Critical Skills Employment Permit can change employer to a larger category of employments identified by its three digit SOC code for example different engineering roles.
The following criteria applies to change of employer applications:-
- The maximum number of applications for a change of employer that may be granted to one employment holder is three.
- A new Contract of Employment is signed by the employer and employee is required.
- The employee must commence employment with the new employer within one month of the new permit being issued. They cannot commence employment until the new permit issues.
4. Changing Employment and New Employment Permit
Should a person wish to seek employment in another eligible role, which requires an employment permit, they can now do so after nine months of employment.
5. Progression and Promotion
If an employee who is the holder of an employment permit is granted a promotion or internal transfer where they use the same skills and the employment remains eligible, they can continue to work for their employer without the requirement to submit a new employment permit application. At renewal stage the application will be assessed on the basis of what previously would have been a change of employment permit situation.
6. 50/50 Rule
Employers with no employees at the time of the application no longer restricted to a one employee permit holder rule after the permit grant. The 50/50 rule will be triggered when a second application is made for an employment permit for the same employer.
7. Indexing of Minimum Annual Remuneration
The Act requires officials to review the Minimum Annual Remuneration requirement for employment permits on a yearly basis to bring salary levels in line with Ireland’s average wage growth. This will protect employees ensuring that they are paid a fair salary which will prevent future stagnation.
8. Cancellation of Existing Permits.
Permits will be cancelled automatically by the Department when new employment permits are issued. In addition, the employment permit holder must commence employment within 6 months of the permit being granted. In circumstances where many employment permit holders are visa required nationals are refused employment visas to enter the State and sometimes have to undergo rigorous and lengthy appeal process this will cause significant problems for employers and employees in the future if the employment permit holder is unable to enter the State to take up the employment within 6 months.
9. Non-Consultant Hospital Doctors
Non-Consultant Hospital Doctors requiring an employment permit can now be issued with a 2 year multi-site General Employment Permit to allow non-EEA national, non-consultant hospital doctors take 6 month employment contracts at different hospitals, and move employment without the requirement to obtain a new permit for each hospital.
گناہ سالیسیٹرز تجزیہ
The immigration team at Sinnott Solicitors Dublin and Cork welcome the changes to the employment permit system. Previous legislation was outdated and in many instances had a negative impact on the ability of businesses to attract and hire skilled workers where there is a significant shortage at present.
The law which is the biggest reform of employment permit laws in many years should result in many positive changes for Ireland’s economic migration policy.
Sinnott Solicitors Dublin and Cork کے پاس امیگریشن سالیسیٹرز اور کنسلٹنٹس کی ایک سرشار ٹیم ہے جو آئرش ایمپلائمنٹ پرمٹس اور ایمپلائمنٹ ویزا سمیت تمام آئرش امیگریشن معاملات کے ماہر ہیں۔ اگر آپ کو اس آرٹیکل کے مندرجات کے بارے میں کوئی سوالات ہیں، یا آپ کو اپنے ایمپلائمنٹ پرمٹ کی درخواست میں مدد کی ضرورت ہے، تو آج ہی ہمارے دفاتر سے رابطہ کرنے میں سنکوچ نہ کریں۔ info@sinnott.ie یا 014062862
